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2022 Supreme(Online)(MAD) 38049

HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
V.MEYYAPPAN – Appellant
Versus
Nil – Respondent


O R D E R

This Civil Revision Petition is filed as against the docket order passed by the learned Sub Judge, Devakottai in I.A.No.2 of 2022 in H.M.O.P.No.184 of 2022, dated 16.09.2022.

2. The petitioners herein are husband and wife. Their marriage was solemnized on 05.06.2009, as per Hindu customs and rituals. Thereafter, their relationship got strained and they decided to separate mutually. Now, they have filed a petition in H.M.O.P.No.184 of 2022 before the Sub Court, Devakottai, seeking divorce by mutual consent. They have also filed an interlocutory application in I.A.No.2 of 2022, to waive the cooling off period of six months, on the ground that they have been living separately for more than four years, which is beyond the cooling period. The trial Court, by order dated 16.09.2022, adjourned the matter to 28.03.2023. Hence, the petitioners are before this Court with this Civil Revision Petition.

3. The learned Counsel appearing for the petitioners by referring the decision of the Hon'ble Supreme Court in Amardeep Singh Vs Harveen Kaur reported in 2017 (4) RCR (Civil) 608 and Amit Kumar Vs Suman Beniwal [C.A.No.7650 of 2021] submits that statutory cooling off period can be waived

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