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2023 Supreme(Raj) 1115

DINESH MEHTA, RAJENDRA PRAKASH SONI
Gaurav Sharma, S/o. Shri Anil Kumar Sharma – Appellant
Versus
Manisha Sharma, W/o. Shri Gaurav Sharma, D/o. Shri Inder Raj Sharma – Respondent


Advocates Appeared:
For the Appellant : Mr. Dilip Choudhary.
For the Respondent: Mr. Jaswant Suthar.

JUDGMENT :

1. The parties herein are husband and wife.

2. Present civil misc. appeal has been preferred on behalf of the appellant-husband being aggrieved with the order dated 01.09.2023 passed by the Family Court No.1, Jodhpur Metropolitan in Civil Case No.873/2023, whereby a joint application filed by the parties for waiver of six months “cooling off” period as prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 has been dismissed.

3. Factual matrix giving rise to the present appeal is that the marriage between the parties was solemnized on 28.11.2019 as per Hindu customs and rituals. Couple has not been blessed with any child out of the said wedlock. Relationship between the parties got strained and they are living seperately since 03.09.2020. Though the elders and family members of the parties had taken several efforts for re-union, it ended in vain. Now, both have agreed for divorce by mutual consent. Therefore, they filed a petition for dissolution of marriage by mutual consent under Section 13(B) of Hindu Marriage Act, 1955 before the Family Court No.1, Jodhpur Metropolitan.

4. Learned Presiding Officer made his efforts to settle the matter and the first motion c

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