Smt. Priyanka Gupta vs Paresh Gupta
2022 Latest Caselaw 7284 MP

                                                         1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 13th OF MAY, 2022

                                          MISC. PETITION No. 1238 of 2022

                              Between:-
                              SMT. PRIYANKA GUPTA W/O PARESH GUPTA ,
                              AGED    ABOUT    34   YEARS, OCCUPATION:
                              PRIVATE WORK HOUSE NO.A-7, SAMDARIYA
                              COMPLEX,    CIVIL   LINES P.S.CIVIL LINES
                              JABALPUR (MADHYA PRADESH)

                                                                                       .....PETITIONER
                              (BY SHRI RAMANUJ CHOUBEY - ADVOCATE)

                              AND

                              PARESH GUPTA S/O KAMAL GUPTA , AGED
                              ABOUT 35 YEARS, OCCUPATION: PRIVATE JOB
                              NEELKAMAL BHAWAN, BANSAGAR COLONY,
                              P.S.SAMAN,  DISTRICT   REWA    (MADHYA
                              PRADESH)

                                                                                    .....RESPONDENTS
                              (NONE)

                            This petition has come up for hearing on this day, the court passed the
                      following:
                                                          ORDER

Petitioners have filed this petition under Article 227 of the Constitution of India challenging order dated 26.02.2022 contained in Annexure-P/1.

Learned counsel appearing for petitioner submitted that parties had jointly filed an application for divorce by mutual consent. Parties had also filed an application for giving relaxation of cooling-off period of six months.

Signature Not Application filed by parties was rejected by the trial Court on ground that no SAN Verified

Digitally signed by relaxation can be given in cooling-off period. SHABANA ANSARI Date: 2022.05.14 16:40:31 IST

Learned counsel appearing for petitioner relied upon judgment reported in (2017) 8 SCC 746, Amardeep Singh Vs. Harveen Kaur. The Apex Court in aforesaid judgment held that cooling-off period of six months is only directory in nature and on existence of certain conditions concerned Court can waive off the cooling-off period.

Apex Court in para-19 of aforesaid judgment held as under:- "19. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following:

( i ) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

(ii) all efforts for mediation/conciliation including efforts in terms of Order 32-A Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

(iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;

(iv) the waiting period will only prolong their agony. The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concerned Court."

In view of aforesaid judgment passed by the Apex Court, writ petition filed by petitioner is allowed. Order dated 26.02.2022 is quashed.

Matter is remanded back to the trial Court to consider the application filed by parties for waiving off cooling-off period afresh on basis of conditions

Signature Not which are mentioned in para-18 & 19 of the judgment. SAN Verified

Digitally signed by With the aforesaid direction, writ petition is disposed off. SHABANA ANSARI Date: 2022.05.14 16:40:31 IST

C.C. as per rules.

                                                         (VISHAL DHAGAT)
                                                              JUDGE
                      shabana




Signature
 SAN      Not
Verified

Digitally signed by
SHABANA ANSARI
Date: 2022.05.14
16:40:31 IST