Ajay Israni S/O Late Sh. Nanik Ram ... vs Smt. Harsha Navlani W/O Sh. Ajay ...
2021 Latest Caselaw 2510 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 6222/2021

Ajay Israni S/o Late Sh. Nanik Ram Israni, Aged About 42 Years,
R/o 276-A, Ganpati Nagar, Railway Colony, Jaipur, Permanently
Resident Of 45/312, Ram Nagar, Near Thakur Colony, Ajmer
(Rajasthan)
                                                       ----Petitioner-Applicant
                                   Versus
Smt. Harsha Navlani W/o Sh. Ajay Israni, D/o Sh. Rajkumar
Navlani, Aged About 37 Years, R/o Ishwarideep, Ward No. 19,
Aanand Nagar, Hoshangabad (Madhya Pradesh).
Currently Posted At Union Bank Of India, Bhopal (Madhya
Pradesh)
                                                                ----Respondent

For Petitioner(s) : Mr.Pankaj Gupta, Adv. (Through VC)

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

29/06/2021

The present writ petition has been filed by the

petitioner-husband for seeking a direction to the Family Court

No.1, Jaipur Metropolitan, Jaipur (hereinafter referred as 'Family

Court') for waiving off of 6 months cooling period for the purpose

of granting divorce under Section 13B of the Hindu Marriage Act,

1955 (hereinafter referred as 'the Act of 1955').

Learned counsel for the petitioner submitted that an

application was filed by the petitioner before the Family Court on

16.02.2021 and the Court below had fixed the next date on

16.08.2021 by giving 6 months time to reconsider the decree of

divorce on the basis of mutual consent between the parties.

(2 of 2) [CW-6222/2021]

Learned counsel submitted that the petitioner and his

wife both have decided to seek divorce by mutual consent and as

per the law laid down by the Apex Court in the case of Amardeep

Singh Vs. Harveen Kaur reported in [(2017) 8 SCC 746],

there is no requirement of waiting for cooling off period of six

months as required under Section 13B (2) of the Act of 1955.

Learned counsel for the petitioner submitted that liberty

may be granted to the petitioner to move an appropriate

application before the Family Court and on filing of such

application, the Family Court may pass an order by keeping in

mind the law laid down by the Apex Court in the case of

Amardeep Singh Vs. Harveen Kaur (supra).

This Court disposes of the present writ petition by

permitting the petitioner to move an appropriate application

before the Family Court by making a reference of the judgment

passed by the Apex Court in the case of Amardeep Singh Vs.

Harveen Kaur (supra). The Family Court is expected to consider

such application by keeping in mind the law laid down by the Apex

Court and should decide the application accordingly.

The present writ petition stands disposed of

accordingly.

(ASHOK KUMAR GAUR), J

Himanshu Soni/Parul/17

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