JUDGMENT

1. The parties have appeared before the Court. Father of the respondent-wife is also present in the Court. The appellant has approached this Court challenging order dated 13.12.2018 passed by the Family Court, Alwar (for short 'the Family Court') in Case No. 746/2018 whereby application filed under Section 13B of the Hindu Marriage Act, 1955 (for short 'the Act') for grant of decree of divorce by mutual consent has been rejected on the premise that such application has been filed before expiry of period of one year from the date of separation of the parties.Learned counsel for the parties jointly submit that both the parties have agreed to part with subject to payment of Rs. 2,00,000/- by the appellant to the respondent as permanent alimony for full and final settlement.

2. The matter was listed before the Court on 29.04.2019 and deferred for today considering that the amount of permanent alimony was not sufficient and opportunity was granted to the respondent-wife to again ponder over the matter and come back to the Court today.

3. Today, the respondent has appeared along with her father. She was consulted to again think over the matter. But she still insists on obtaining decree of divorce by mutual consent. The respondent has filed her affidavit wherein she has stated that she has agreed to take the decree of divorce by mutual consent and she has received entire 'Stridhan'. She has also agreed to receive amount of Rs. 2,00,000/- as permanent alimony with no other claim from the appellant.

4. Both the parties have signed order sheet of the file and have been identified by their respective counsel.

5. The Family Court has dismissed the application under Section 13B of the Act being not maintainable as the requisite period of one year was still not completed. Even otherwise, this Court has the power to waive the cooling period of one year in view of judgments of the Supreme Court in Veena vs. State Govt. of NCT, Delhi & Anr., (2011) 14 SCC 614, Devinder Singh Narula vs. Meenakshi Nangia - (2012) 8 SCC 580, and Amardeep Singh vs. Harveen Kaur - (2017) 8 SCC 746. In Amardeep Singh, supra, the Supreme Court laid down thatsince the cooling off period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

6. In view of above, we are persuaded to allow the appeal. The appeal is accordingly allowed. The order dated 13.12.2018 passed by the Family Court, Alwar in Case No. 746/2018 is set aside. The application filed by the parties under Section 13B of the Act before the Family Court is allowed and the marriage between the appellant-husband and the respondent-wife is therefore dissolved by mutual consent with immediate effect. Decree of divorce be prepared accordingly.