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2022 Supreme(Raj) 2879

VINIT KUMAR MATHUR
Lata Navani – Appellant
Versus
Himanshu Navani – Respondent


Advocates Appeared:
Mr. Vishwas Khatri, for the Appellant; Mr. Krishan Singh Rathore, for the Respondent

ORDER

1. This writ petition has been preferred on behalf of the petitioner being aggrieved with the order dated 20.08.2022 passed by the Family Court No.3, Jodhpur (for short ’the court below’) in Civil Misc. Case No.771/2022 (Lata Navani V/s Himanshu Navani) whereby, the application filed by the parties for waiving cooling-off period of six months has been rejected.

2. Brief facts of the case are that the parties have submitted a joint application under Section 13-B of the Hindu Marriage Act,1955 (for Short ’the Act of 1955’) seeking divorce by mutual consent. As per the contents of the application under Section 13-B of the Act of 1955, marriage of the petitioner and the respondent was solemnized on 10.02.2012 at Jodhpur. It is mentioned in the application that out of the said wedlock, a girl child was born on 09.09.2018 and same will live with the petitioner in future. It is further mentioned in the application that though the petitioner and the respondent lived together as husband and wife for quite some time, but later on differences cropped ups between the parties and both of them started living separately from 15.01.2020 and now it is not possible for them to live together as

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