Madhya Pradesh High Court

Mansingh Yadav vs Smt. Ram Murti Yadav on 22 May, 2025

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

         NEUTRAL CITATION NO. 2025:MPHC-JBP:24918




                                                            1                              WP-9098-2025
                            IN     THE     HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                 ON THE 22nd OF MAY, 2025
                                              WRIT PETITION No. 9098 of 2025
                                                   MANSINGH YADAV
                                                         Versus
                                                 SMT. RAM MURTI YADAV
                         Appearance:
                           Shri Adtiya Pandey - Advocate for petitioner.
                           Shri Mayank Kumar Shrivastava - Advocate for respondent No.1.

                                                                ORDER

1. The petitioner has filed the present writ petition challenging the order dated 24.02.2025 (wrongly mentioned as 24.02.2024 in the order sheet of the Trial Court) wherein the request for waiving the cooling-off period was declined.

2. The learned counsel for the parties submit that the parties have mutually agreed to a settlement, and there is no possibility of resuming cohabitation between them. They assert that the decision was made without

any coercion or undue pressure, and as such, the Court should have waived the cooling-off period. In support of this submission, reliance is placed on the judgment of the Supreme Court in Amardeep Singh v. Harveen Kaur (AIR 2017 SC 4417).

3. Counsel for the respondent has also supported the petitioner's arguments.

4. Upon consideration of the submissions made by the parties, the

NEUTRAL CITATION NO. 2025:MPHC-JBP:24918

2 WP-9098-2025 Supreme Court, while dealing with the waiver of the cooling-off period, held in paragraph 21 as follows:

''21. Since we are of the view that the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.''

5. In light of the fact that there is no possibility of reconciliation or resumption of cohabitation between the parties, and no prospect of alternative rehabilitation, the impugned order dated 24.02.2025 (wrongly mentioned as 24.02.2024 in the order sheet of the Trial Court) is hereby set aside. Cooling off period is waived.