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Madhya Pradesh High Court
Misha Somani vs Not Mention on 16 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:1498
1 MP-195-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 16th OF JANUARY, 2026
MISC. PETITION No. 195 of 2026
MISHA SOMANI
Versus
RITURAJ SOMANI
Appearance:
Shri Abhinav Malhotra - Advocate for the petitioner.
ORDER
Heard on the question of admission.
This petition under Article 227 of the Constitution of India has been
assailing the legality of impugned order dated 09.12.2025 (Annexure P/1)
passed in RCS MH 2123 of 2025 by learned Additional Principal Judge,
Family Court, Indore (M.P.), whereby an application dated 11.11.2025
(Annexure P/3) filed under Section 13B(2) of Hindu Marriage Act, 1955
read with Section 151 of Code of Civil Procedure, 1908 for waiving off
cooling period has been dismissed.
2. Learned counsel for the petitioner submits that every possible efforts
for reconciliation between the parties have been done, which resulted in
failure and now there is no possibility of conciliation between the parties.
They are living separately for more than two year and there is no dispute
remain unsettled between them as per settlement agreement dated
13/11/2025. His contention is that the learned Family Court has failed to
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consider the that no fruitful purpose will be served by putting them to serve
cooling period of six months for obtaining a decree of divorce.
3. To buttress his submission, learned counsel has placed reliance on
the judgments delivered by the Apex Court in the case of Amit Kumar Vs.
Suman Beniwal reported in 2022 AIR SC 570 ; para 4 and 5 of the case Shilpi
Vs. Shivam reported in 2025 SC OnLine MP 1689 ; para 25 to 30 of the
case Shilpa Sailesh Vs. Varun Sreenivasan reported in (2023) 14 SCC 231 ;
and para 6 of the order passed by the co-ordinate Bench of this Court in the
case of Kirti Mansare Vs. Ashish Mansare passed in Misc.Petition
No.5924/2022 on 07/12/2022. On these miscellaneous contentions, learned
counsel prays for allowing this petition and setting aside the impugned order
passed by the Court below and waiving off the cooling period, in the interest
of justice.
4. Heard and considered the submissions, in the light of judgments
relied upon by the learned counsel for the petitioner and also the material
available on record.
5. It is not in dispute that the parties have filed mutual divorce petition
dated 13/11/2025 (Annexure P/2) before the Family Court at Indore; and
filed an application under Section 13B(2) of Hindu Marriage Act, 1955 read
with Section 151 of Code of Civil Procedure, 1908 dated 08/12/2025
(Annexure P/4) for waiving off the cooling period, in the light of judgment
passed by the Apex Court in case of Amit Kumar (Supra) ; Shilpi
(Supra); and Shilpa Sailesh (Supra) .
6. Four conditions as mentioned in Para 19 of judgment delivered by
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the Apex Court in case of Amardeep Singh Vs. Harveen Kaur reported in
2017 (8) SCC 746 , which are already reproduced in the impugned order, are
as under: -
"i) the statutory period of six months specified in
Section 13B (2), in addition to the statutory period of
one year under Section 13B (1) of separation of parties
is already over before the first motion itself;
ii) all efforts for mediation/conciliation including efforts
in terms of Order XXXIIA Rule 3 CPC / Section 23
(2) of the Act / Section 9 of the Family Courts Act to
reunite the parties have failed and there is no likelihood
of success in that direction by any further efforts;
iii) the parties have genuinely settled their differences
including alimony, custody of child or any other
pending issues between the parties;
iv) the waiting period will only prolong their agony. "
From perusal of the aforesaid judgment, it is found that it is not
mandatory for the Court to get the cooling off period waived in each and
every case.
7 . The observation made by the Apex Court in the case of Shilpa
Shailesh (Supra) is guidance to the Court while dealing with the application
for waiving of cooling off period. From perusal of para 30 of the aforesaid
judgment, it reveals that the Hon'ble Apex Court has exercised extra ordinary
jurisdiction, which is conferred only to Hon'ble Apex Court under Article
142(1) of the Constitution of India, therefore, in the considered opinion of
this Court it cannot be cited as precedent.
8. Learned Family Court, after going through the record in light
of judgment delivered by the Apex Court in case of Amardeep Singh
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(Supra) found that the aforesaid conditions, which are reproduced above, are
not fulfilled, therefore, the application has been dismissed.
9. It has also transpired during the course of hearing that cooling off
period is going to expire in June, 2026, therefore, in the facts and
circumstances of the case, this Court does not find any ground to intervene in
the aforesaid impugned order.
10. Resultantly, this petition has no merit substance, fails and is
hereby dismissed.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
