ORDER

1. This miscellaneous petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 27.2.2023, passed in RCS (Hindu Marriage) case no.243/2023 whereby, the petitioner’s application seeking waiving of cooling off period of 6 months has been rejected on the ground, that requisite period of 18 months has not lapsed after the party started residing separately.

2. Brief facts of the case are that the petitioner/husband and respondent/wife got married on 2.7.2021, however due to irreconcilable differences they started residing separately from 2.8.2021, and thus they resided together for 30 days only and since all the efforts of their reconciliation failed, both of them have filed an application on 30.1.2023, under section 13(B) of the Hindu Marriage Act (hereinafter to be referred as “Act of 1955“). On 17.2.2023 an application under section 21(B) of the Act of 1955 seeking waiving of cooling off period of 6 months under section 13(B)(2) of the Act of 1955 was also filed, which has been dismissed by the learned Judge of the Family Court vide impugned order dated 27.2.2023, holding that the application for divorce ought to have been filed after completion of 18 months period from the date of separation and in the present case it has only been filed after 17 months.

3. Counsel for the petitioner has submitted that settlement has already taken place between the parties and the petitioner has already paid a sum of Rs.17,50,000/- (Rs. Seventeen Lacs Fifty Thousand only) to the respondent through demand draft, document regarding which is also placed on record.

4. Counsel has also relied on a decision rendered by this Court in M.P. No. 2623/2022 dated 28.6.2022 (Mrs. Shefali v. Tejaswa) wherein this Court has also relied upon the decision rendered by the Hon'ble Supreme Court in the case of Amardeep Singh v. Harveen Kaur reported as 2017(8)SCC 746 as also in the case of Amit Kumar v. Suman Beniwal reported as 2021 SCC online 1270 and thus, it is submitted that the rejection of petitioner’s application under section 13- B(2) of the Act of 1955 was erroneous. It is submitted that even as of now it has already been more than 18 months from the date the parties are residing separately.

5. Counsel for the petitioner has submitted that the period of 18 months’ separation completed on 2.2.2023 whereas the application for dispensing with cooling off period of 6 months was filed under section 13-B(2) of the Act of 1955 on 17.2.2023, which ought to have been allowed by the learned Judge of the Family Court.

6. Counsel for the respondent, on the other hand has also supported the petition and it is submitted that the petition may be allowed as parties have arrived at a settlement and no purpose would be served to keep the matter pending. It is also submitted that both the parties are educated and are engaged in the business of Indore and Nagpur.

7. Heard learned Counsel for the parties and perused the record

8. The following chronology emerges in the present case :--

9. It is apparent from the aforesaid chronology that 18 months from the date of separation, i