KUMAR AVINAVA DUBEY Vs. VARSHA MISHRA

JUDGEMENT

(1.) This revision under Section 115 of the CPC has been filed against the order dated 18.07.2019 passed by Additional Principal Judge, Family Court, Gwalior in HMA Case No. 152-A/2019 by which the application filed by the applicant under Section 151 of CPC for waiving of the cooling period of six months has been rejected.

(2.) It is submitted by the counsel for the applicant that a joint application under Section 13-B of the Hindu Marriage Act has been filed by the applicant as well as respondent for grant of divorce by mutual consent. The statements of the witnesses were recorded on 25.06.2019 and thereafter the case was fixed for further proceedings on 04.01.2020 and thereafter the applicant filed an application under Section 151 of CPC for waiving of the cooling period.

(3.) It is the contention of the applicants in the application under Section 151 of CPC that the case was fixed for the first time for reconciliation proceedings on 17.05.2017 but the same failed and, accordingly, case was taken up by the Family Court on 25.06.2019 and the statements of the witnesses were recorded and now the case has been fixed for further proceedings on 04.01.2020. For waiving of the cooling period, it was mentioned in the application that since the parties are residing separately from 26.06.2017 and the said decision was taken voluntarily and the parties have also decided to stay separately and now there is no possibility of reconciliation or restitution of conjugal rights. It is also mentioned that the parties are well educated and they are aware of the pros and cons of the proceedings and the parties are residing separately for the last two years and there is no possibility of any reconciliation in the future and the parties are aggrieved by grant of six months' time by way of cooling period. It was further mentioned in the application that the parties want to reside separately in a fearless and tension free atmosphere and they want to remarry so that they can serve their parents. Looking to their age as well as the social status, remarriage of the parties is possible and the cooling period of six months would further delay in justice and keeping the application pending unnecessarily before the Court would be painful for the parties. It is also mentioned that now the case is fixed for 04.01.2020 and this period of six months would result in mental pain and suffering to the parties and the parties have already undergone the pain and suffering. It was further mentioned that on 04.01.2020 also, there is no possibility of reconciliation and the parties have already resolved their disputes between them and this cooling period would merely enhance the mental pain and suffering to the parties and it would result in keeping the case unnecessarily pending before the Family Court.