Priyanka W/O Anil Kumar D/O Khem ... vs Anil Kumar S/O Shri Nand Lal
2021 Latest Caselaw 1114 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 901/2021

Priyanka W/o Anil Kumar D/o Khem Chand, Aged About 25
Years, R/o Jawaharpura Nuwa Tehsil And District Jhunjhunu.
                                                                  ----Petitioner
                                   Versus
Anil Kumar S/o Shri Nand Lal, Aged About 34 Years, R/o Tihai,
Police Station Ramgarh District Sikar.
                                                                ----Respondent

For Petitioner(s) : Mr.Vijay Punia, Adv. For Respondent(s) : Mr. RS Bhardwaj, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 02/02/2021

The present writ petition has been filed by the petitioner

whereby the application filed for waiving of cooling period of six

months as provided under Section 13B of the Hindu Marriage Act,

1955, has not been considered.

Counsel appearing for the petitioner submitted that the Court

below has refused to take into account the law laid down by the

Apex Court in the case of Amardeep Singh Vs. Harveen Kaur

reported in (2017) 8 SCC 746.

Counsel on the strength of said judgment submitted that the

Apex Court has now laid down the law that if the parties are living

separately and all efforts at mediation and reconciliation have

been tried and have failed and there is no chance of reconciliation

then further waiting period (cooling period of six months), will

only prolong their agony.

(2 of 2) [CW-901/2021]

Counsel appearing for the respondent-husband submitted

that both of them have decided to seek divorce by mutual consent

and mediation has already failed.

Counsel further submitted that in the interest of both the

parties, the cooling period of six months, as per requirement of

under Section 13B of the Hindu Marriage Act, 1955, may be

condoned and the Court below may be directed to pass

appropriate order on the application filed by the parties for

divorce.

This Court finds that the Apex Court in the case of

Amardeep Singh (supra), has permitted that the parties may

seek divorce by mutual consent and if they have reached to a

stage where reconciliation is not possible, the Court can waive

mandatory cooling period of six months.

Considering the law laid down by the Apex Court in the case

of Amardeep Singh (supra), the present petition deserves to be

allowed and is hereby allowed. The Family Court, jhunjhunu is

directed to take up the application filed by the parties under

Section 13B of the Hindu Marriage Act and accordingly order may

be passed within one month on the said application.

(ASHOK KUMAR GAUR),J

Monika/Himanshu/94

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