ORDER :

(Pushpendra Singh Bhati, J.)

This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :-

"A. By an appropriate writ, order or direction the learned Family Court No.2, Sriganganagar may kindly be directed to decide the application (annex-p/3) of the petitioners waiving the cooling off period of 6 months, as prescribed under Section 13B of the Act, 1955 and pass a divorce decree.

B. By an appropriate writ, order or direction, the impugned order dated 17.08.2023 (p/4) so far as fixing the date upon application to waive the cooling off period of 6 months, on 30.10.2023 to that extent may kindly be quashed and set aside.

C. By an appropriate writ, order or direction, the application filed by the petitioners dated 17.08.2023 (P/3) may kindly be allowed."

2. Learned counsel for the petitioners submits that the marriage of the petitioners was solemnised with Hindu rites and ritual on 24.11.2010 and a child has been born out of the said wedlock. Learned counsel further submits that the petitioners are living separately from each other for more than one year. Learned counsel also submits petitioners arrived at a joint settlement to part ways as the marriage has irretrievably broken down.

3. Learned counsel for the petitioners submits that Hon'ble Supreme Court in the case of Amardeep Singh v. Harveen Kaur , reported in (2017) 8 SCC 746; has waived off the cooling period for the second motion; relevant portion reads as under :-

"19. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13- B(2), it can do so after considering the following :

i) the statutory period of six months specified in Section 13- B(2), in addition to the statutory period of one year under Section 13-B(1) of separation of parties is already over before the first motion itself;

ii) all efforts for mediation/conciliation including efforts in terms of Order 32-A Rule 3 CPC/Section 23(2) of the Act/ Section 9 of the FAMILY COURTS ACT to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;

iv) the waiting period will only prolong their agony.

The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the court concerned.

20. Since we are of the view that the period mentioned in Section 13- (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."

4. Learned counsel for the petitioners has prayed that the order impugned be set aside and the court below be directed to condone or waive the statutory period specified under Section 13-B(2) of the Act of 1955.

5. At this juncture, this Court considers it appropriate to reproduce the relevant portion of the Judgment rendered in the case of Smt. Nisha Yadav v. Sandeep Yadav (D.B. Civil Misc. Appeal No.2505/2019) decided by the Division Bench of this Hon'ble Court at Jaipur Bench on 09.07.2019, as hereunder:-

"Learned counsel for both the parties pray that after waiving the cooling off period of six months, this court may pass a decree of divorce on mutu