Saurabh Chouhan vs Smt. Shivani
2022 Latest Caselaw 9234 MP

                                                                                1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                       ON THE 9th OF JULY, 2022

                                                                MISC. PETITION No. 2873 of 2022

                                                    Between:-
                                                    SAURABH CHOUHAN S/O SHRI PRAKASH
                                                    CHOUHAN , AGED ABOUT 26 YEARS,
                                                    OCCUPATION: BUSINESS 376/5 NEHRU NAGAR
                                                    (MADHYA PRADESH)

                                                                                                            .....PETITIONER
                                                    (SHRI LOKESH MEHTA- ADVOCATE)

                                                    AND

                                                    SMT. SHIVANI W/O SHRI SAURABH CHOUHAN ,
                                                    AGED    ABOUT     25  YEARS, OCCUPATION:
                                                    HOMEMAKER 376/5 NEHRU NAGAR INDORE
                                                    CURRENTLY RESIDING AT 14 B.K.I. BALDEV
                                                    NAGAR 7-A SAGAR LOK COLONY JAIPUR
                                                    (RAJASTHAN)

                                                                                                           .....RESPONDENT
                                                    (SHRI RONAK JAIN- ADVOCATE)

                                                  T h is petition coming on for orders this day, t h e cou rt passed the
                                            following:
                                                                                ORDER

The present petition is filed under article 227 of the Constitution of India challenging the order dated 27.06.2022 passed by the First Additional Principal Judge, Family Court Indore in HMA No.917/2022, whereby, the application filed by the petitioner to waive off the cooling period for grant of divorce by mutual consent has been rejected.

Signature Not VerifiedDigitally signed by SAN SOURABH YADAV The petitioner has filed a case under Section 13-B of the Hindu Marriage Date: 2022.07.09 18:53:20 IST

Act for grant of divorce by mutual consent. The marriage of the petitioner was

solemnized by Hindu rites on 29.06.2020. They started living separately from 30.11.2020. After separation, the respondent filed a case under section 125 of the Cr.P.C for grant of maintenance against the petitioner and the petitioner filed a case under section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights against the respondent/wife.

Upon filling of the case under section 13-B of the Hindu Marriage Act for divorce by mutual consent, both the petitioner and the respondent withdrew the aforesaid cases on the ground that all the disputes are settled between the parties and they have applied for waiving off the cooling period.

Learned counsel for the respondent does not dispute that the aforesaid

facts and submits that both the petitioner and the respondent are living separately from 30.11.2020 and there is no possibility of reconciliation between the parties.

Learned counsel for the petitioner relied on the judgment passed by the Apex Court in the case of Amardeep Singh Vs. Harveen Kuar reported in (2017) 8 SCC 746 and also relied on the judgment of the Apex Court in the case of Amit Kumar Vs. Suman Beniwal reported in 2021 SCC Online 1270 wherein it is held that as per the judgment of Amardeep Singh (supra) the statutory waiting period of six months could be waive off and the said period is not mandatory but a directory.

Considering the aforesaid submissions and taking into consideration the judgment of the Apex Court, the cooling period is waived off. The petition is allowed.

The impugned order rejecting the application for waiving off the cooling Signature Not VerifiedDigitally signed by SAN SOURABH YADAV Date: 2022.07.09 18:53:20 IST period is set aside.

The parties shall appear before the Family Court on the next date and the

Family Court shall make all endeavors to conclude the proceedings expeditiously.

With the aforesaid, the present petition stands allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOURABH YADAV Date: 2022.07.09 18:53:20 IST