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Judgment
Gurpal Singh Ahluwalia, J
This petition under Article 227 of Constitution of India has been filed against order dated 20/03/2024 passed by Additional Principal Judge to the Court of Principal Judge, Family Court Bhopal in case No.RCS HM 335/2024, by which trial Court has refused to waive off the cooling period.
It is submitted by counsel for the petitioner that the parties have filed an application under Section 13B of Hindu Marriage Act for grant of divorce by mutual consent on the ground that they are residing separately for the last nine years and there is no possibility of reconciliation and therefore, divorce by mutual consent may be granted. The application for grant of divorce by mutual consent was filed on 19/02/2024. Thereafter, an application under Section 151 of CPC was filed for waiving off the cooling period of six months. The said application was rejected by order dated 07/03/2024. Thereafter again an application was filed by petitioner for waiving off the cooling period, which too has been dismissed by impugned order. It is submitted by counsel for petitioner that in the light of judgment passed by Supreme Court in the case of Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746, the cooling period of six months is directory and not mandatory and when the circumstances require waiver of said period, then it can be done.
Heard learned counsel for the petitioner.
Petitioner has not filed any document to show that they were residing separately from the year 2015. Furthermore, application under Section 13B of Hindu Marriage Act was filed on 19/02/2024. The case shall be taken up some time in the month of August, 2024. Even counsel for the petitioner could not point out the reasons for waiving off the cooling period. The basic purpose of making a provision for providing period of six months is to re-think over their own decision.
Since no case is made out for waiver of the cooling period, therefore this Court is of considered opinion that no illegality was committed by the Trial Court by rejecting the application.
Petition fails and is hereby dismissed.