NIDHI SAINI Vs. AADESH KUMAR JAT

JUDGEMENT

(1.) The instant petition has been filed by the petitioner-wife challenging the order dt.21/7/2018 (Annex.-9) passed by the Additional District Judge No.1, Tizara District Alwar wherein application filed under Sec. 13B of the Hindi Marriage Act,1955 for waiving six months mandatory period has been rejected. Learned counsel has submitted that the Apex Court in the case of Amardeep Singh Vs. Harveen Kaur, 2017 8 SCC 746 has laid down a law that period of six months can be relaxed and the parties can pray for mutual divorce without waiting cooling period of six months.

(2.) Learned counsel for the respondent-husband has submitted that there is an application which is pending for mutual divorce and as such both the parties want that the divorce should be granted by mutual consent under Sec. 13B of the Hindu Marriage Act,1955. The parties are present in Court and they have expressed their desire to have divorce by mutual consent under Sec. 13B of the Hindu Marriage Act,1955 and they have prayed for waiving cooling period of six months.

(3.) Considering the law laid down by the Apex Court in the case of Amardeep Singh (supra), this Court deems it proper to set aside the order dt.21/7/2018 passed by the Additional District Judge No. 1, Tizara District Alwar. The insistence of six months cooling period is not required for mutual divorce and if both the parties have reached to situation where there are no chances of reunion and there are chances of fresh rehabilitation.