Smt. Jayanka@Jaya Bhargava vs Sagar Purohit
2024 Latest Caselaw 16054 MP

Madhya Pradesh High Court

Smt. Jayanka@Jaya Bhargava vs Sagar Purohit on 29 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                         &
                                     HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                 ON THE 29 th OF MAY, 2024
                                             MISC. PETITION No. 2798 of 2024

                          BETWEEN:-
                          SMT. JAYANKA@JAYA BHARGAVA W/O SHRI SAGAR
                          PUROHIT D/O SHRI LAKHAN LAL BHARGAV, AGED
                          ABOUT 30 YEARS, R/O HOUSE NO. 18, DUSHYANT
                          NAGAR THATIPUR GWALIOR (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI SUMANT MISHRA - ADVOCATE )

                          AND
                          SAGAR PUROHIT S/O SHRI KESHAV PUROHIT, AGED
                          ABOUT 31 YEARS, OCCUPATION: GOVT. SERVICE R/O
                          NEAR GOVT. AYURVEDIC HOSPITAL RICHHARA
                          FATAK, DATIA (MADHYA PRADESH)

                                                                                        .....RESPONDENT


                                Th is petition coming on for hearing on admission this day, Justice

                          Vivek Rusia passed the following:
                                                              ORDER

1. The present petition is filed under article 227 of the Constitution o f India challenging the order dated 29.04.2024 passed by Principal Judge Family Court, Gwalior in Case No.164/2024 (RCS HM) 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 was solemnized by Hindu rites in the year 2020. Now, they are living separately.

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 waived 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 hereby 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.

                               (VIVEK RUSIA)                                 (RAJENDRA KUMAR VANI)
                                   JUDGE                                             JUDGE
                          ar