Nihali Jain D/O Shri Rajiv Kumar Jain vs Ritwik Nahar
2024 Latest Caselaw 12841 MP

Madhya Pradesh High Court

Nihali Jain D/O Shri Rajiv Kumar Jain vs Ritwik Nahar on 7 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                   ON THE 7 th OF MAY, 2024
                                              MISC. PETITION No. 2052 of 2024

                           BETWEEN:-
                           NIHALI JAIN D/O SHRI RAJIV KUMAR JAIN W/O
                           RITWIK NAHAR, AGED ABOUT 34 YEARS, OCCUPATION:
                           HOUSE WIFE C/O RAJIV KUMAR JAIN H N O 240 GALI
                           NO 7 SADAR CANTT. JABALPUR DISTRICT JABALPUR
                           (M.P.) (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY MS. BHAWNA TRIPATHI - ADVOCATE)

                           AND
                           RITWIK NAHAR S/O SHRI SHREYANSH RAJA NAHAR,
                           AGED ABOUT 39 YEARS, OCCUPATION: NOT MENTION
                           PLOT NO J-10 SHAKTI NAGAR GULAB SINGH WARD
                           HATHNA DISTRICT JABALPUR (M.P.) (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT


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

                           following:
                                                               ORDER

This petition is filed jointly by the husband and the wife challenging order dated 27.02.2024 passed by learned Principal Judge, Family Court, Jabalpur in RCSHM No.1776/2023 refusing to condone the directory cooling-off period of six months and pass a decree of divorce with mutual consent.

Petitioner's contention is that their marriage had taken place on 27.06.2018. When they had filed the petition for divorce at that time they were living separately for last fifteen months. It is pointed out that since there is

irretrievable breakdown in the marriage and both the parties are still in their reproductive age therefore, any delay in grant of divorce with mutual consent, will frustrate their future prospect.

In view of such facts and taking into consideration the judgment of the Supreme Court in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the impugned order Annexure P-1 is set aside and cooling -off period of six months is waived. The parties are directed to appear before the trial Court on 20.05.2024 which shall record their evidence and pass appropriate orders.

In the above terms, the petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE ks