SUBODH ABHYANKAR
Pooja – Appellant
Versus
Vivek Shrivastav – Respondent
JUDGMENT
Subodh Abhyankar, J. - This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 07.12.2022, passed in Case No.HMA-5102/2022 by the Principal Judge, Family Court, Indore whereby the petitioner's application for waiver of cooling off of the period of one year and six months for entertaining the petition filed under section 13-B of the Hindu Marriage Act for divorce by mutual consent has been rejected.
2. Counsel for the petitioner has submitted that the marriage between the petitioner and the respondent solemnized on 26.06.2012, and subsequently due to matrimonial disputes, they are residing separately since 02.07.2021. They have decided to resolve their dispute by filing an application for divorce by mutual consent and thus on 22.09.2022, i.e. after a period of one year from the date they started living separately, the application has been filed under section 13-B of the Hindu Marriage Act. On 06.12.2022, the parties jointly filed an application for cooling off the minimum period of six months on the ground that they are residing separately since 02.07.2021. The aforesaid application has been rejected by the Princip
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