PC:-

1. Heard Mr. Nitin Gupta, learned Counsel appearing for the Petitioner No.1 and Ms. Aditi Mohoni, learned Counsel appearing for the Petitioner No.2.

2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 20th February 2025 passed by the learned Judge, Family Court No.2 at Bandra, Mumbai below Exhibit-6 in Petition No.F-351 of 2025. The said Application bearing Exhibit-6 has been filed seeking waiver of the statutory cooling-off period of six months as specified in

Section 13-B(2) of the Hindu Marriage Act, 1955 (“the said Act”) and seeking that immediate decree of divorce be granted to the Petitioners. By the impugned order, the said Application has been rejected.

3. Perusal of the record shows that the said Petition No.F-351 of 2025 has been filed for divorce by mutual consent on 5th February 2023 under Section 13-B of the said Act read with Section 7 of the Family Courts Act, 1984. The Consent Terms arrived between the Petitioner No.1 and the Petitioner No.2 are annexed to the said Petition.

4. The said Application bearing Exhibit-6 has been filed in said Petition No.F-351 of 2025 for waiver of statutory cooling-off period of six months as prescribed under Section 13-B(2) of the said Act on 20th February 2025. It is stated in the said Application that marriage between the Petitioners was solemnized on 22nd December 2020 at Gurugram, Haryana. However, due to irreconcilable and temperamental differences, their marital relationship broke down and since June 2022 the parties have had no marital relationship i.e. since last more than 2 and 1/2 years.

The Petitioner No.1 is residing at Gurugram, Haryana and the Petitioner No.2 is residing at Andheri, Mumbai.

5. It is further stated in the said Application bearing Exhibit-6 that the Petitioner No.1 is a Sportsman by profession playing cricket at International Level and is participating in various Cricket Leagues and his services have recently been contracted for the Indian Premier League (IPL), a premier T20 league of cricket by BCCI that mandates him to relocate to Punjab and other States in India frequently for attending training camps, playing matches etc. It is further stated in the said Application that the Petitioner No.1 is further undergoing rigorous training and put all out effort to get selected in the Indian Cricket Team again, including by playing in various tournaments from time to time and the culmination of the divorce proceedings would help Petitioner No.1 in moving ahead with his life smoothly. It is stated that both the Petitioners are not staying together since June 2022 and therefore, cooling period of six months as per Section 13-B(2) of the said Act be waived.

6. It is further stated that the Petitioner No.2 is staying at Andheri, Mumbai and she is a social media personality, relies on

digital platforms such as Instagram and YouTube for her livelihood. Her career is sustained by brand endorsements, collaborations and audience engagement. It is also stated that the uncertainty surrounding her marital status has adversely affected the professional life of the Petitioner No.2.

7. It is also stated in the Application that due to adverse publicity in media, both the Petitioners are suffering and therefore, it is necessary to allow waiver of statutory cooling-off period of six months prescribed under Section 13-B(2) of the said Act and grant immediate divorce.

8. The said Application bearing Exhibit-6 has been rejected by the learned Judge, Family Court No.2 at Bandra, Mumbai inter alia on the following grounds:

(a) The Consent Terms have not been completely complied with. The Marriage Counsellor has submitted report at Exhibit-7 titled as “Part Compliance Report” and therefore, there is no full and complete compliance of the Consent Terms.

(b) As far as the criticism in social media is concerned, learned Judge has observed that both the Petitioners are public figures and therefore, both of