Pragya W/O Sumit Sharma vs Unknown
2023 Latest Caselaw 15706 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 23 rd OF SEPTEMBER, 2023
                                              MISC. PETITION No. 5692 of 2023

                           BETWEEN:-
                           1.    PRAGYA W/O SUMIT SHARMA D/O SHRI
                                 SOMNATH CHATURVEDI, AGED ABOUT 28 YEARS,
                                 OCCUPATION: HOUSEHOLD WORK 1019, KUDAN
                                 NAGAR, KATE ROAD, HARIDHAM MANDIR,
                                 INDORE (MADHYA PRADESH)

                           2.    SUMIT SHARMA S/O DEVKINANDAN SHARMA,
                                 AGED ABOUT 32 YEARS, OCCUPATION: SERVICE
                                 FATIMA SCHOOL KE SAMNE KOTA FATAK,
                                 NAGDA JILA UJJAIN (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI AJAY KUMAR MIMROT - ADVOCATE)

                           AND



                                                                                       .....RESPONDENTS


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

                           following:
                                                              ORDER

This is a petition filed under Article 227 of Constitution of India challenging the order dated 04.09.2023, whereby, the application filed by the petitioner and respondent for waiving off cooling off period as prescribed under Section 13-B has been rejected.

2. It is submitted that the marriage between the parties was solemnized on 12.12.2019 and since 14.06.2020 they are living separately. They have filed a Signature Not Verified Signed by: SOURABH YADAV Signing time: 23-09-2023 17:29:30

petition for divorce on mutual consent under section 13-B of Hindu Marriage Act. However, by the impugned order, the said application has been rejected.

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: 23-09-2023 17:29:30