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PRANAY VERMA
Rupika Rathor (Smt. ) – Appellant
Versus
Anant Rathor – Respondent
ORDER
1. By this petition preferred under Article 227 of the Constitution of India, the petitioner has challenged the order dated 23.1.2025 passed in RCSHM No.2698/2024 by the Additional Principal Judge, Family Court, District Indore whereby a joint application filed by the parties herein to waive the mandatory cooling off period of six months as provided under section 13-B (2) of the Hindu Marriage Act, 1955 (hereinafter refereed to as 'the Act') has been rejected.
2. Admittedly the petitioner and the respondent's marriage was solemnized on 25.6.2020 and they are living separately since 6.2.2021, whereas an application under section 13-B of the Act for divorce by mutual consent has been filed on 21.10.2024. Thereafter, a joint application to waive off cooling period of six months was filed on 21.1.2025 wherein it was mentioned that since both the parties have already settled their disputes, the same be allowed and the main application for grant of divorce by mutual consent be considered and allowed. The aforesaid application has been rejected by the Family Court by the impugned order.
3. Learned counsel for the parties have relied upon a decision of the Supreme Court in the case of
The waiting period for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955, is not mandatory but directory, and the court can exercise its discretion based on the parties'....
Court may pass decree of divorce on mutual consent where marriage has reached stage of irretrievable break down without resorting to statutory cooling period.
The court has the discretion to waive the waiting period for divorce by mutual consent under Section 13-B(2) of the Hindu Marriage Act, 1955 based on the facts and circumstances of each case.
The court held that all conditions for waiving the cooling period under Section 13-B of the Hindu Marriage Act were satisfied, allowing the waiver to prevent prolonging the parties' distress.
The court confirmed that the six-month cooling-off period for divorce under Section 13-B(2) of the Hindu Marriage Act, 1955 is not mandatory and can be waived when irretrievable breakdown of marriage....
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