Baddusingh Bariya vs Smt. Anju
2023 Latest Caselaw 15029 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 12 th OF SEPTEMBER, 2023
                                              MISC. PETITION No. 5290 of 2023

                           BETWEEN:-
                           BADDUSINGH BARIYA S/O SHRI CHAMPALAL BARIYA,
                           AGED ABOUT 43 YEARS, OCCUPATION: TEACHER R/O
                           GRAM KANERIYA INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI VISHAL PATEL - ADVOCATE)

                           AND
                           SMT. ANJU W/O SHRI BADDUSINGH BARIYA, AGED
                           ABOUT 41 YEARS, OCCUPATION: HOUSEWIFE R/O 283/2
                           SHAHIN NAGAR MUSAKHEDI INDORE (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (SHRI GOPAL GOYAL - ADVOCATE)

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

This petition is filed under Article 227 of Constitution of India being aggrieved by the order dated 25.06.2023 passed in case no.1677/2023 by Additional Principal Judge, Family Court, Indore, whereby, the application filed by the petitioner and respondent to waive off the cooling period for grant of divorce by mutual consent has been rejected.

2. The petitioner and the respondent have filed a case under section 13(B) of Hindu Marriage Age for grant of divorce by mutual consent. According to the parties, the marriage was solemnized on 11.05.1998 by Hindu Signature Not Verified Signed by: SOURABH YADAV Signing time: 12-09-2023 17:01:34

rites. There are one son and one daughter out of their wedlock. However, due to differences, they are living separately from 01.04.2021. There is no possibility of reconciliation between them.

3. 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.

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

5. The impugned order rejecting the application for waiving off the cooling period is set aside.

6. 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.

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

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 12-09-2023 17:01:34