Smt. Rinku Jaiswal vs Sagar Jaiswal
2024 Latest Caselaw 6103 MP

Madhya Pradesh High Court

Smt. Rinku Jaiswal vs Sagar Jaiswal on 28 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                 BEFORE
                          HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                            ON THE 28 th OF FEBRUARY, 2024
                                            MISC. PETITION No. 1149 of 2024

                         BETWEEN:-
                         SMT. RINKU JAISWAL W/O SAGAR JAISWAL, AGED 26
                         YEAR S, OCCUPATION: HOUSE WIFE GRAM TAKUN,
                         TEHSIL SAWE, DIST. INDORE (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (MS. SAVITA RATHORE, COUNSEL FOR THE PETITIONER).

                         AND
                         SAGAR JAISWAL S/O SURENDRA JAISWAL, AGED 28
                         Y E A R S , OCCUPATION: BUSINESSMAN    44/02,
                         VRANDAWAN COLONY, BANGANGA INDORE (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENT
                         (SHRI GOPAL SHARMA, COUNSEL FOR THE RESPONDENT)

                               This petition coming on for admission this day, th e court passed the
                         following:
                                                            ORDER

T his is a petition filed under Article 227 of Constitution of India challenging the orders dated 15.02.2024 and 22.02.2024, whereby, the applications filed by the petitioner and respondent in HMA Case No. 197/2024 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 03.07.2022 and since 15.12.2022 they are living separately. They have filed a 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 t h e judgment of the Apex Court, the cooling period is waived off. The

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

5. The petition is allowed.

6. 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.

(S. A. DHARMADHIKARI) JUDGE vidya