The court may waive the cooling-off period in mutual consent divorce cases where reconciliation efforts have failed and all terms are agreed upon.

1. Heard Sri Yogesh Singh, learned counsel for the appellant and Sri Indrakesh Kumar Sharma, learned counsel appearing for the sole respondent.

2. Present appeal has been filed challenging the order dated 9.1.2024 passed by the Additional Principal Judge, Family Court, Varanasi in Divorce Petition No. 2087 of 2023 (Sudhir Mishra v. Jyoti Mishra).

3. By the impugned order the application paper no. 11(Ga) filed by the appellant for early disposal of the divorce petition by waiving off the cooling period was rejected by the court below on the ground that no mediation has taken place between the parties. The application was filed to the effect that the divorce petition filed on consent basis under S.13 - B of the Hindu Marriage Act be decided before the next date fixed i.e. 6.7.2024. The application was primarily rejected on the ground that no mediation has taken between the parties.

4. Submission of learned counsel for the appellant is that the marriage between the parties had taken place on 15.7.2002 and they are having two children, however, they are living separately since 2006. It is next submitted that several cases have been filed by the respondent against the appellant and ultimately divorce petition on mutual consent under S.13 - B of the Act was filed on 5.12.2023, wherein application dated 9.1.2024 seeking waiver off the cooling period of six months was filed, which has wrongly been rejected by the court below. It is next submitted that the mediation has already failed between the parties as back as on 8.11.2021 and the amount to be paid by the husband has also been determined, which is to be paid as mentioned in the divorce petition.

5.By placing reliance on judgment of Hon'ble Apex Court in the case of Amardeep Singh v. Harveen Kaur 2017 (8) SCC 746 : (AIR 2017 SC 4417) it is submitted that it is no longer in dispute that the parties have taken firm decision to dissolve their marriage and all issues have already been settled between the parties, which have been clearly noted in the divorce petition itself including the amount of Rs.48 lacs to be paid to the respondent.

6. Learned counsel for the respondent - wife has agreed and submits that the cooling period may be waived off and the divorce petition be directed to be decided within shortest period as no useful purpose would be served by keeping the matter pending as for last about 18 years the parties are living separately.

7. We have considered the submissions and have perused the record.

8. We find that it is no longer in dispute that the parties have taken a firm decision to dissolve their marriage and both parties are living separately for last about 18 years and both are matured and have taken a decision to give their lives a second chance, therefore, cooling period is liable to be waived off.

9. A Division Bench of this Court (of which one of us V.K. Birla, J. was a member) in the case of Mansi Agrawal alias Mansi Akhlad v. Mohd, Akhlad (First Appeal No. 1370 of 2023) decided on 10.1.2024 has also considered the issue involved in the present case. Relevant paragraphs 5, 6 and 7 whereof are quoted as under: -

"5. Placing reliance on the judgement of Hon'ble Apex Court in the case of Amardeep Singh v. Harveen Kaur ; 2017 (8) SCC 746 : (AIR 2017 SC 4417) which has been relied upon by a Co - ordinate Bench of this Court in Vijay Agarwal v. Suchita Bansal; 2023 (80) ADJ 484 and in judgment and order dated 20.09.2023 passed in First Appeal Defective No.294 of 2023 ( Priti Yadav alias Pinki v. Ashwani Gwal ) it is submitted that it was no longer in dispute that the parties have taken a firm decision to diss