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2023 Supreme(Raj) 2093

PUSHPENDRA SINGH BHATI
Anu – Appellant
Versus
Shekhar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ramniwas, Advocate.
For the Respondent:Mr. AD Ujjwal, Advocate.

ORDER :

(Pushpendra Singh Bhati, J.)

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

    "That the order dated 15.07.2023 (Annex.3) where learned Tribunal Family Court No.1 Jodhpur dismissed the application for condone of waive of six months cooling period under Section 13-B (2) of Hindu Marriage Act 1955, being aggrieved with this order where both the parties wanted to move on with this marriage and want to end this marriage as soon as possible so that they can move ahead in their life positively. Hence, the order dated 15.07.2023 must be quashed and set aside."

2. Learned counsel for the petitioner submits that the marriage of the petitioner and respondent was solemnised with Hindu rites and ritual on 18.11.2021. Learned counsel further submits that the petitioner and respondent are living separately from February, 2022. Learned counsel also submits that the both the parties arrived at a joint settlement to part ways as the marriage has irretrievably broken down.

3. Learned counsel for the parties submits that Hon'ble Supreme Court in the case of Amardeep Singh v. Harveen Kaur , reported in (2017) 8 SCC 746; has w

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