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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MUNNURI LAXMAN, J
Rakesh Muleva – Appellant
Versus
Rukma Devi – Respondent
ORDER :
MUNNURI LAXMAN, J.
1. Heard on the final disposal.
2. The present writ petition has been filed challenging the impugned order dated 04.02.2025 (Annex.3) passed in Civil Misc. Case No. 2/2025 pending before the Family Court, Bilara, District Jodhpur.
3. The said application was filed by both the parties under Section 13-B of the Hindu Marriage Act for waiver of the cooling period of six months.
4. The contention of the learned counsel for the petitioner is that the guidelines issued by the Apex Court in the case of Amardeep Singh Vs. Harveen Kaur : (2017) 8 SCC 746 are fully complied with and inspite of that, the application filed for waiver has been dismissed by the learned Family Court, Bilara, District Jodhpur without considering the requirement to waive the cooling period of six months.
5. In the case of Amardeep Singh cited supra, the Supreme Court has laid down the following guidelines in order to invoke the power to waive the cooling period of six months. Relevant extract of which is reproduced as follows:-
“18. 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 statut
The court held that all conditions for waiving the cooling period under Section 13-B of the Hindu Marriage Act were satisfied, allowing the waiver to prevent prolonging the parties' distress.
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 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....
The cooling-off period of six months under Section 13-B of the Hindu Marriage Act is directory and may be waived in exceptional circumstances, but sufficient grounds must be established.
The waiting period for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955, is not mandatory but directory, and the court can exercise its discretion based on the parties'....
The court has the discretion to waive the waiting period for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955 based on the facts and circumstances of each case.
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