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K. R. MOHAPATRA
Satyajeet Mohanty – Appellant
Versus
Ipsa Pradhan – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Banshidhar Baug, Advocate
For the Opp. Party:Mr. S.S. Rao, Advocate

ORDER

K.R. Mohapatra, J.—This matter is taken up through Hybrid mode.

2. Petitioner in this writ petition seeks to assail the order dated 28th October, 2022 (Annexure-4) passed by learned Judge, Family Court, Bhubaneswar in CP No.858 of 2022, whereby an application to waive the cooling off period in dealing with an application under Section 13-B of the Hindu Marriage Act, 1955 (for short, ‘the Act’), has been rejected.

3. Mr. Baug, learned counsel for the Petitioner submits that marriage between the parties was solemnized on 27th November, 2015. Due to dissension they are living separately since 20th January, 2018. As there is no chance of re-union between the parties they filed an application under Section 13-B of the Act read with Section 7 of the Family Courts Act, 1984 for dissolution of marriage by a decree of divorce on mutual consent. During pendency of the application under Section 13-B of the Act, parties to the proceeding also filed a joint application on 26th October, 2022, to waive the cooling-off period of six months as provided under Section 13-B(2) of the Act and to adjudicate the application under Section 13-B of the said Act. The said application was rejected vide

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