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2023 Supreme(Raj) 1690

PUSHPENDRA SINGH BHATI, PRAVEER BHATNAGAR
Sheela Gurjar – Appellant
Versus
Debi Lal Gurjar – Respondent


Advocates Appeared:
For the Appellant : Zafar Khan.
For the Respondent: Saurabh Soni.

JUDGMENT :

(Pushpendra Singh Bhati, J.) :

This civil misc. appeal has been preferred against the judgment and decree dated 07.02.2022 passed by learned Family Judge (Additional District and Session Judge), Gulabpura, District Bhilwara in Civil Misc. Case No. 46/2021 (CIS No. 46/2021), whereby the learned judge has dismissed the application filed by the appellant under Section 13 of the HINDU MARRIAGE ACT .

2. Learned counsel for the parties jointly submit that the parties have compromised the matrimonial matter.

3. Learned counsel for the parties jointly seek permission to file fresh application under Section 13 -B of the HINDU MARRIAGE ACT .

4. Learned counsel for the petitioner subrhits that the cooling period, in the given factual matrix, deserves to be waived. In this regard, learned counsel relied upon the judgment rendered by a Coordinate Bench of this Hon'ble Court in the case of Monika Sharma v. Rahul Sharma , (S.B. Civil Writ Petition No. 15518/2021) decided on 09.11.2021 ; relevant portion whereof reads as under:

    6. The judgment of the Hon'ble Supreme Court rendered in the case of Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 was placed before the court below, however, th

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