Pawan Kumar Sharma vs Shweta Sharma
2021 Latest Caselaw 717 MP

1                            M.P.No.804/2021
                  (Pawan Kumar Sharma Vs. Sheweta Sharma)

Indore : Dated 15.3.2021

       Shri Ashutosh Awasthy, learned counsel for the petitioner.

       Shri Prakhar Maheshwari, learned counsel for the respondent.

This misc.petition under Article 227 of the Constitution of India is on

behalf of the husband - Pawan Kumar Sharma S/o Shri Darshan Sharma taking

exception to the order passed by the Family Court, Ratlam on 11.2.2021 in

RCSHM No.43-A/2021.

By the said order joint application filed by the petitioner - husband

Pawan Sharma and respondent - wife Shweta Sharma seeking waiver of

cooling period of six months as contemplated under Section 13B(2) of Hindu

Marriage Act has been rejected purportedly on the premise that there is no

material on record that either party have made efforts for reconciliation,

mediation or proceedings under Section 9 of Hindu Marriage Act seeking

restitution of conjugal rights. Such recourses are relevant as sanctity is attached

to Hindu marriages solemnized through customs and rituals under Saptapadi as

provided for in Hindu Marriage Act.

Petitioner - Pawan Kumar Sharma and respondent - Shweta Sharma are

present through video conferencing.

It is submitted that marriage between them was solemnized on

2.12.2010. They are blessed with two daughters aged about 8 years and 5 years.

However, since 22.6.2014 they are living separately and since then there is no

cohabitation between two. The emotions are dried and the love is lost. It is an

irretrievable marriage. Both parties have mutually settled respective claims

between themselves including custody and financial security of children. With

(Pawan Kumar Sharma Vs. Sheweta Sharma)

mutual consent application for divorce has been filed under Section 13B of the

Hindu Marriage Act.

In view of the aforesaid factual backdrop prayer for waiving of six

months' cooling period as referred above has been made. Counsel for the parties

have relied upon the judgment of this Court in the case of Amardeep Singh Vs.

Harveen Kaur, 2017(4) MPLJ 41 and the judgment of Supreme Court in Civil

Appeal No.11158/2017 decided on 12.9.2017.

Upon hearing counsel for the parties regard being had to facts narrated

above and in the fitness of things this Court is of the view that six months'

cooling period as contemplated under Section 13B(2) of the Hindu Marriage

Act may be waived and the Court may be directed to proceed with the second

motion of proceedings without further delay. Accordingly, it is ordered that

both parties shall appear before the Family Court, Ratlam on 25.3.2021. The

Family Court shall proceed with the case and pass a consent decree after

endorsement in that behalf by both parties as per the procedure.

The misc.petition stands disposed of.

(Rohit Arya) Judge

Patil

Digitally signed by Shailesh Patil Date: 2021.03.16 10:11:04 +05'30'