PUSHPENDRA SINGH BHATI, PRAVEER BHATNAGAR
Sheela Gurjar – Appellant
Versus
Debi Lal Gurjar – Respondent
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:
The court can waive the statutory waiting period for divorce under specific conditions set forth by prior rulings, indicating grounds for immediate relief.
The court can waive the statutory waiting period for divorce under Section 13B(2) if the parties mutually agree and conditions for waiver are satisfied.
The court confirmed that the six-month cooling-off period for divorce under Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory and can be waived when irretrievable breakdown of marriage....
Court may pass decree of divorce on mutual consent where marriage has reached stage of irretrievable break down without resorting to statutory cooling period.
The statutory cooling-off period under Section 13-B of the Hindu Marriage Act is non-optional and important for reconsideration, which cannot be waived based solely on inconvenience.
Divorce by mutual consent – Waiver of cooling-off period – Period mentioned in Section 13B(2) of Hindu Marriage Act, 1955 is not mandatory but directory.
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