LATA NAVANI Vs. HIMANSHU NAVANI

JUDGEMENT

(1.) This writ petition has been preferred on behalf of the petitioner being aggrieved with the order dtd. 20/8/2022 passed by the Family Court No.3, Jodhpur (for short 'the court below') in Civil Misc. Case No.771/2022 (Lata Navani V/s Himanshu Navani) whereby, the application filed by the parties for waiving cooling-off period of six months has been rejected.

(2.) Brief facts of the case are that the parties have submitted a joint application under Sec. 13-B of the Hindu Marriage Act,1955 (for Short 'the Act of 1955') seeking divorce by mutual consent. As per the contents of the application under Sec. 13-B of the Act of 1955, marriage of the petitioner and the respondent was solemnized on 10/2/2012 at Jodhpur. It is mentioned in the application that out of the said wedlock, a girl child was born on 9/9/2018 and same will live with the petitioner in future. It is further mentioned in the application that though the petitioner and the respondent lived together as husband and wife for quite some time, but later on differences cropped ups between the parties and both of them started living separately from 15/1/2020 and now it is not possible for them to live together as husband and wife. It has specifically been mentioned in the application under Sec. 13-B of the Act of1955, duly supported by an affidavit of both the parties that both of them are living separately from 15/1/2020 and since then, there is no relation between them. It is also mentioned in the application that the petitioner has already paid alimony amount to the respondent and it is agreed by the respondent that she will not claim any further amount from the petitioner in future.

(3.) The application under Sec. 13-B of the Act of 1955 was filed before the court below on 28/7/2022 and the next date in the matter is fixed on 9/1/2023.