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2019 Supreme(MP) 523

G.S.AHLUWALIA
Kumar Avinava Dubey – Appellant
Versus
Varsha Mishra – Respondent


Advocates Appeared:
For the Applicant : I.P.S. Kohli with A.P.S. Sisodiya
For the Respondent: Avnish Singh

JUDGMENT :

Shri I.P.S. Kohli, counsel with Shri A.P.S.

Sisodiya, counsel for the applicant.

Shri Avnish Singh, counsel for the respondent.

2. This revision under section 115 of the Civil Procedure Code has been filed against the order dated 18-7-2019 passed by Additional Principal Judge, Family Court, Gwalior in HMA Case No. 152-A/2019 by which the application filed by the applicant under section 151 of Civil Procedure Code for waiving of the cooling period of six months has been rejected.

3. It is submitted by the counsel for the applicant that a joint application under section 13-B of the Hindu Marriage Act has been filed by the applicant as well as respondent for grant of divorce by mutual consent. The statements of the witnesses were recorded on 25-6-2019 and thereafter the case was fixed for further proceedings on 4-1-2020 and thereafter the applicant filed an application under section 151 of Civil Procedure Code for waiving of the cooling period.

4. It is the contention of the applicants in the application under section 151 of Civil Procedure Code that the case was fixed for the first time for reconciliation proceedings on 17-5-2017 but the same failed and, accordingly, case was ta

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