The statutory cooling-off period under Section 13-B(2) of the Hindu Marriage Act, 1955 is directory and can be waived when reconciliation is impossible and parties have settled their differences.

Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for petitioner.

2. Present petition has been filed seeking following reliefs:-

“i. Set aside the impugned order dated 11.09.2024 passed by the Principal Judge, Family Court, Ghazipur in Hindu Marriage Petition No. 551 of 2024, (Ajit Singh Yadav vs. Smt. Neelam Yadav) under Section 13-B of Hindu Marriage Act, by which the court below has rejected the application dated 10.09.2024.”

3. Brief facts of the case are that marriage of petitioner and respondent was solemnized on 11.12.2020. After some time, some differences took place between the parties and they have decided to live separately from 20.12.2021. All attempts made for reconciliation have been failed between the parties. As there was no scope for reconciliation between the parties, therefore, they have filed divorce petition with specific averment that they are living separately since 20.12.2021. The said petitioner was registered as Hindu Marriage Petition No. 551 of 2024, under section 13(B) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act, 1955’) before Principal Judge, Family Court, Ghazipur. Thereafter, order dated 30.07.2024 has been passed directing the parties to appear before the mediation centre on 10.09.2024 and further 01.02.2025 was fixed for hearing/evidence. Both the parties have appeared before mediation centre on 10.09.2024 and thereafter, mediation proceedings were dropped. As long date of 01.02.2025 was fixed, therefore, parties have moved application no. 11(c) dated 20.09.2024 for waiver off statutory period of six months as provided under Section 13-B(2) Act, 1955, which was rejected vide impugned order dated 11.09.2024.

4. Learned counsel for petitioner submitted that once there is no scope of mediation between the parties, in the light of judgment of Apex Court in the matter of Amardeep Singh vs. Harveen Kaur; (2017) 8 Supreme Court cases 746, it is required on the part of Court to waive off the cooling period of six months.

5. He next submitted that in another Criminal Case No. 652 of 2021, matter was again referred to mediation centre and this time both the parties have appeared before the mediation centre and an agreement dated 01.08.2024 took place between them to dissolve their marriage. In the said agreement, it was also admitted that out of total settlement amount of Rs. 13 lakh, respondent had already received Rs. 8 lakh and remaining Rs. 5 lakh shall be given to her after decree of divorce. He firmly pointed out that under such facts, impugned order is bad and liable to be set aside.

6. I have considered submissions made by counsel for petitioner and perused the records as well as copy of agreement dated 01.08.2024 before Mediation and Reconciliation Centre, Ghazipur.

7. From the perusal of records, it is apparently clear that as on date, parties are living separately and there is no scope of reconciliation between the parties. Agreement dated 01.08.2024 also provides very same facts that now parties are agreed to withdraw all criminal cases between them and further proceeded with divorce petition to obtain decree of divorce.

8. In the case of Amardeep Singh (Supra) , Apex Court has taken same view. Relevant paragraph nos. 14 to 20 are being quoted below:-

“14. Learned Amicus Curiae submitted that waiting period enshrined under Section 13-B(2) of the Act is directory and can be waived by the court where proceedings are pending, in exceptional situations. This view is supported by judgments of the Andhra Pradesh High Court in K. Omprakash v. K. Nalini, Karnataka High Court in Roopa Reddy vs. Prabhakar Reddy, Delhi High Court in Dhanjit Vadra vs. Smt. Beena Vadra and Madhya Pradesh High Court in Dinesh Kumar Shukla vs. Smt. Neeta. Contrary view has been taken by Kerala High Court in M. Krishna Preetha vs. Jayan Moorkkanatt. It was submitted that Section 13B(1) relates to jurisdiction of the Court and the petition is maintainable only if the parties are living separately for a period of o