Smt Chandani @ Chandan Kaur vs Amratpal Singh
2024 Latest Caselaw 15572 MP

Madhya Pradesh High Court

Smt Chandani @ Chandan Kaur vs Amratpal Singh on 24 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia, Roopesh Chandra Varshney

                                                             1
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                       &
                               HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                                                   ON THE 24 th OF MAY, 2024
                                       MISCELLANEOUS PETITION No. 2808 of 2024

                           BETWEEN:-
                           SMT CHANDANI @ CHANDAN KAUR W/O SHRI
                           AMRATLAL SINGH D/O LATE SHRI RAMESH KUMAR
                           THANDANI. AGE 29 YEARS, OCCUPATION: M.R. R/O
                           SHEETLA COLONY, SIKANDAR KAMPOO, LASHKAR,
                           GWALIOR M.P.

                                                                                         .....PETITIONER
                           (BY SHRI RAVI SHARMA - ADVOCATE)

                           AND
                           AMRATPAL SINGH S/O SHRI GURUCHARAN SINGH,
                           AGE     33     YEARS, OCCUPATION: MEDICAL
                           RIPRESENTATIVE, R/O SEVA NAGAR, GWALIOR
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (NONE)

                                 This petition coming on for admission this day, Justice Vivek Rusia

                           passed the following:
                                                              ORDER

1. The present petition is filed under article 227 of the Constitution of India challenging the order dated 30.04.2024 passed by Principal Judge Family Court, Gwalior in Case No.405/2024 HMA, 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 respondent have filed a case under Section 13-B of

the Hindu Marriage Act for grant of divorce by mutual consent. The marriage of the petitioner and respondent was solemnized by Hindu rites on 22.10.2018. Thereafter, they started living separately.

3. Learned counsel for the respondent does not dispute the aforesaid facts and submits that both the petitioner and the respondent are living separately and there is no possibility of reconciliation between the parties.

4. 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 waived off and the said period is not mandatory but a directory.

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

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

7. 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.

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

                             (VIVEK RUSIA)                               (ROOPESH CHANDRA VARSHNEY)






                                   JUDGE       JUDGE

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