Anu vs Shekhar - 2023 Supreme(Raj) 2093

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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.

Table of Content
1. parties are seeking a waiver of the cooling-off period. (Para 1 , 2)
2. legal precedent supports waiving the cooling-off period. (Para 3 , 4)
3. court finds conditions for waiver are met. (Para 5 , 6 , 7)
4. writ petition allowed; waiver of cooling-off is granted. (Para 8)
5. trial court directed to proceed with the waiver. (Para 9 , 10)

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

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