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2022 Supreme(MP) 1382

SUSHRUT ARVIND DHARMADHIKARI
Pritish Nandi – Appellant
Versus
Not Mention Not Mention Not Mention (Madhya Pradesh) – Respondent


Advocates Appeared:
Shri Saleem Rehman - Advocate, for the Appellant.

ORDER

1. The husband and wife have jointly filed an application under section 10-A of the Divorce Act, 1869, before the Addl. Principal Judge, Family Court, Jabalpur, in Case No.CCB/16/2009.RCSA.91/2022 for waiving off the cooling period, which has been rejected.

2. It is submitted by learned counsel for the petitioner that the husband and wife are of Indian domicile and are Christians by faith and religion. On 23.7.2018 both of them were lawfully married. Marriage certificate dated 29.8.2018 was issued. Since their marriage was not successful, therefore, they have decided to obtain the decree of divorce by mutual consent. Both of them have decided to seek divorce and to live separately, therefore, it was prayed that pendency of divorce petition may be waived off.

Learned counsel for the petitioner submitted that there is no possibility of compromise between the parties in future.

3. Hon'ble the Supreme Court in the case of Amardeep singh Vs. Harveen Kaur, reported in AIR 2017 SC 4417, has considered the question whether the minimum period of six months stipulated under section 13(2) of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act of 1955') for a motion for a pass

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