JUDGMENT :

1. Shri Vishwakant Srivastava, Advocate, has filed his Vakalatnama on behalf of respondent, which is taken on record.

2. Heard learned Counsel for the appellant and learned Counsel for the respondent.

3. This appeal filed under Section 19(1) of Family Court Act, 1984 has arisen out of the judgement/order dated 27.07.2013 passed by Family Court in Family Dispute No.1524 of 2023 whereby the first motion of the parties under Section 13-B of Hindu Marriage Act for dissolution of marriage initiated on 29.04.2023 accompanied with an application i.e. C-12 for waiver of cooling-off period was rejected. The proceedings had been instituted after a period of more than one year since when the parties lived separately and had arrived at an amicable settlement on 28.04.2023 to part ways due to irretrievable breakdown of marriage.

4. Both the parties were present before the Family Court and this fact is not disputed. The learned Family Court having regard to the statutory mandate was not impressed by the argument-built on the premise of judgment reported in 2023 Live Law (SC) 375 : Shilpa Sailesh Vs. Varun Shreenivasan for the reason that Hon'ble the Apex Court in the said judgment had