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Judgment
A. Muhamed Mustaque, J
This original petition was filed challenging an order in I.A. No. 2 of 2020 in O.P (SMA) No. 626/2020 on the file of the Family Court, chavara. The
petitioner and respondent are the petitioners before the Family Court, Chavara. They filed a petition for divorce by mutual consent under Sec. 28 of
the Special Marriage Act, 1954 (for short the Act ). The petition was filed on 6.10.2020. It appears that on 20.10.2020 the petitioner filed an
application to waive the statutory period of six months as contemplated in Sub Sec. 2 of Sec. 28 of the Act for motion to take up the application. This
application has been dismissed by the Family Court. Challenging this, the petitioner approached this Court under Article 227 of the constitution of
India.
The Family Court noting that, merely for the reason, the parties are living separately from 13.04.2017, that cannot be a reason to exclude the cooling
off period of six months as contemplated in the statute. The Family Court also observed that the Court has to make all the efforts for reconciliation.
This order was passed on 27.10.2020. It is to be noted that more than three months is over. We do not find any reason to interfere with the order
under Article 227 of the Constitution of India. The petitioner can very well move the Family court immediately, after six months from the date of
application under Sec. 28 of the Act. Since, there is no illegality in the order, we are not inclined to interfere with the order. Accordingly, this original
petition is dismissed.