The court has the discretion to waive the cooling-off period for divorce by mutual consent based on the circumstances of each case and the bonafideness of the parties' consent.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 12.08.2022 passed in I.A.No.148 of 2022 in H.M.O.P.No.181 of 2022 on the file of the learned Subordinate Judge, Thirumangalam.)

1. This Civil Revision Petition is filed against the order dated 12.08.2022 passed in I.A.No.148 of 2022 in H.M.O.P.No.181 of 2022 by the learned Subordinate Judge, Thirumangalam.

2. The petitioners herein are husband and wife. Their marriage was solemnized on 14.09.2020 as per Hindu customs and rituals. After the marriage, their relationship got strained and they decided to separate mutually. Therefore, the husband filed a divorce petition before the Sub Court, Thirumangalam. Though the elders and family members of the petitioners had taken several efforts for re-union, it ended in vain. Now, both have agreed for divorce by mutual consent. Therefore, the husband withdrew the earlier divorce petition and thereafter, both have filed a petition in H.M.O.P.No.181 of 2021 before the Sub Court, Thirumangalam, seeking divorce by mutual consent. Further, they have also filed an interlocutory application in I.A.No.148 of 2022 seeking to waive the cooling-off period on the ground that they have been living separately for more than 21 months and since the first petitioner is working at America, he is not able to attend the court proceedings. However, the trial Court, by order 12.08.2022, dismissed the said petition. Aggrieved over the same, the present Civil Revision Petition has been filed.

3. The learned Counsel for the petitioner further by referring the decision of the Hon'ble Supreme Court in Amardeep Singh Vs Harveen Kaur reported in 2017 (4) RCR (Civil) 608 and Amit Kumar Vs Suman Beniwal [C.A.No.7650 of 2021] submits that statutory cooling off period has to be waived in cases of mutual consent divorce. Since the petitioners have been living separately for more than 21 months, the statutory cooling off period shall be waived, as per the guidelines of the Hon'ble Supreme Court.

4. Heard the learned Counsel for the petitioners and perused the materials.

5. It is admitted that the marriage between the parties have been solemnized in the month of September 2020 and they claim that they have been living separately for more than 21 months. Now they have filed a petition in H.M.O.P.No.181 of 2022 before the Subordinate Court, Thirumangalam, seeking divorce on mutual consent. They have also filed an application to waive the statutory cooling-off period. The trial Court dismissed the application. Aggrieved over the same the present civil revision petition has been filed.

6. The question that arises for consideration is to waive-off the cooling period, as required under Section 13B(2) of the Act. The Hon'ble Supreme Court, in the decision in Amardeep Singh's case (supra), has held as follows:-

“16. The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off the period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled. The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the Court should not be powerless in enabling the parties to have a better option.

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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 statutory period under Section 13B(2), it can do so after considerin