Smt Smriti Jain Wife Of Shri Gaurav ... vs Gaurav Jain Son Of Shri Rakesh ...
2021 Latest Caselaw 2892 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 7110/2021

Smt Smriti Jain Wife Of Shri Gaurav Jain, Aged About 37 Years,
Resident Of 100, Narsingh Vihar, Outside F.k.i.d. College,
Jagatpura, Jaipur (Raj.)
                                                                      ----Petitioner
                                       Versus
Gaurav Jain Son Of Shri Rakesh Chandra Jain, Aged About 42
Years, Resident Of Flat No. 6, D-175, Modi Marg, Bapu Nagar,
Jaipur.
                                                                    ----Respondent

For Petitioner(s)            :     Mr. Prahlad Sharma.
For Respondent(s)            :     Mr. R.K. Sharma.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                        Order

13/07/2021

This writ petition has been filed by the petitioner for waiving

off the cooling period of 6 months as provided under Section

13(B)(2) of Hindu Marriage Act, 1955 and also for directing the

learned Family Court to expeditiously decide the divorce petition

filed by the parties.

Brief facts of the case are that a joint petition was filed by

the parties under Section 13-B of the Hindu Marriage Act for

seeking decree of divorce by mutual consent before the learned

Family Court No.1, Jaipur Metropolitan, Jaipur. A joint application

has also been filed by the parties for waiving off 6 months' cooling

period which is still pending before the learned Family Court.

Counsel for the petitioner submits that while waiving off the

cooling period of 6 months, the learned Family Court be directed

(2 of 2) [CW-7110/2021]

to expeditiously decide the joint petition filed by the parties under

Section 13B of the Hindu Marriage Act by mutual consent and

grant the decree of divorce accordingly.

In support of the contention, counsel for the petitioner relied

on the judgment passed by the Hon'ble Supreme Court in the

matter of Amardeep Vs. Harveen Kaur, reported in (2017) 8

SCC 746 wherein the Hon'ble Apex Court has laid down the law

that cooling period of six months for seeking divorce by mutual

consent is not mandatory but directory.

Counsel for the respondent-husband has not disputed the

submissions made on behalf of the petitioner-wife.

This Court finds that the Hon'ble Apex Court in the case of

Amardeep Singh (Supra) has held that cooling of period

mentioned in Section 13(B)(2) of the Hindu Marriage Act, is not

mandatory but directory and it is for this Court to exercise its

discretion in the facts and circumstances of each case where there

is no possibility of parties resuming their marital life as well as the

co-habitation between the parties and there are chances of

alternative rehabilitation.

Accordingly, the petition is allowed. The cooling of period of

six months is hereby waived and the learned Family Court No.1,

Jaipur Metropolitan, Jaipur is directed to expeditiously decide the

divorce petition filed by the parties.

(INDERJEET SINGH),J

PREETI VALECHA /113

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