JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)

1. This appeal is directed against the order dated 28.11.2023 passed by the learned Principal Judge, Family Courts, Central District, Tis Hazari Courts, Delhi.

2. Via the impugned order, the learned Principal Judge has dismissed the application moved by the appellant for waiving the statutory minimum six- month period that, ordinarily, should subsist between the first and second motion for divorce via mutual consent, as per the provisions of the Hindu Marriage Act, 1955 [in short, "1955 Act"].

3. The record shows that the first motion was granted on 25.08.2023.

4. It is not disputed that the petition for a second motion was filed on 04.10.2023 with an application for waiving the cooling-off period. The parties had taken a position before the family court that they had been living separately since 20.07.2022, and that since the marriage had broken down beyond repair, they had moved the court for grant of divorce based on mutual consent.

5. A perusal of the impugned order shows that the principal reason based on which the application for waiver of the statutory six-month period and second motion has been d