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Judgment
Subodh Abhyankar, J
This miscellaneous petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 12.4.2024 (Annexure P-3) passed in HMA.No.1799/2023 by the Additional Principal Judge, Family Court Indore; whereby, the application seeking waiving of cooling off period of six months time filed jointly by the parties under section 13(B) of the Hindu Marriage Act 1955, has been rejected.
Learned counsel for the petitioner has submitted that the aforesaid application has been rejected on the ground that the period of six months cannot be waived as per the reason rendered by the Supreme Court in the case of Amardeep Singh V/s. Harveen Kaur reported as 2017 (8) SCC 746 as also in the case of Amit Kumar Vs. Suman Beniwal reported as 2021 SCC online 1270.
On perusal of the writ petition it is found that the petitioner and respondent are already residing separately since 2021, and in other cases registered against each other have also been withdrawn amicably, and that this Court has already passed a detailed order in MP.No.1266/2023 (Prasang S/o Prahlad Choukse V/s. Smt. Vaishno Choukse W/o Prasang Choukse) taking into account the decisions passed by the Hon'ble Supreme Court in the case of Amardeep Singh (supra) and Amit Kumar (supra).
In such circumstances, the impugned order dated 12.4.2024 is hereby, set aside, and the matter is remanded back to the Family Court, Indore to decide the application afresh within two weeks time in the light of the order passed by this Court in the case of Prasang S/o Prahlad Choukse V/s. Smt. Vaishno Choukse W/o Prasang Choukse passed in M.P. No.1266/2023.