Court discretion can waive the statutory cooling-off period in mutual consent divorce cases if reconciliation efforts are fruitless.

ORDER

The present Civil Revision Petition has been filed seeking a direction to the learned Subordinate Judge, Tiruchendur, to take the unnumbered I.A.SR.No.3439 of 2025 in H.M.O.P.No.12 of 2025 on file and number the same and decide the application.

2.The petitioner and the respondent herein are husband and wife.

Their marriage was solemnized on 10.09.2013. Thereafter, due to the misunderstanding arose between them, they decided to live separately and the petitioner herein had filed a petition in H.M.O.P.No.180 of 2021 before the Sub Court, Tiruchendur, seeking divorce. During the pendency of the divorce petition, both the petitioner and the respondent have settled their disputes amicably and the petitioner herein had settled a sum of Rs.12,00,000/- as one time settlement to the respondent herein and had withdrawn the petition for divorce. Subsequently, both of them have jointly filed a petition in H.M.O.P.No.12 of 2025 seeking divorce on mutual consent. Thereafter, the petitioner and the respondent herein have filed an interlocutory application to waive off the cooling period of six months on the ground that the petitioner had obtained employment in abroad. However, the learned Subordinate Judge, Tiruchendur, has returned the papers on the ground of maintainability. Challenging the same, the petitioner has filed the present Civil Revision Petition seeking a direction to the learned Subordinate Judge, Tiruchendur to number the interlocutory application and proceed in accordance with law.

3.The learned Counsel appearing for the petitioner by referring the decisions of the Hon'ble Supreme Court in Soni Kumar vs Deepak [C.A.No.7164 of 2015], Amardeep Singh Vs Harveen Kaur reported in 2017 (4) RCR (Civil) 608, and Amit Kumar Vs Suman Beniwal [C.A.No.7650 of 2021] submitted that statutory cooling off period can be waived in cases of mutual consent divorce. According to the learned Counsel, the petitioner and the respondent have been living separately and the petitioner had paid a sum of Rs.12,00,000/- to the respondent as one time settlement and hence, there is no possibility between them to revise, mediate or cohabit in future. Hence, the statutory cooling off period has to be waived off.

4.Heard the learned Counsel for the petitioner and perused the materials placed on record.

5.Admittedly, the marriage between the petitioner and the respondent was solemnized on 10.09.2013. They claim that due to some misunderstanding, they have been living separately for more than five years. Now both of them have jointly filed petition in H.M.O.P.No.12 of 2025 seeking divorce on mutual consent, before the Sub Court, Tiruchendur, for dissolution of marriage by mutual consent. Subsequently, both the petitioner and the respondent have filed an interlocutory application to waive the cooling off period of six months. However, the learned Subordinate Judge has returned the said application on the ground of maintainability of application. The grievance of the petitioner is that though they are living separately for more than five years, the trial Court without considering the same, refused to the number the interlocutory application.

6.As per the law laid down by the Hon’ble Supreme Court, all the efforts for mediation/conciliation including efforts under Order 32 A Rule 3 of Civil Procedure Code , Section 23(2) of the Hindu Marriage Act and Section 9 of the Family Courts Act to reunite the parties have to be taken and if it is failed and if there is no likelihood of success in that direction, the Court may proceed further by cooling off the waiving period under Order 32A Rule 3 of Civil Procedure Code .

7.Order 32A Rule 3 of Civil Procedure Code is extracted as under:-

“3.Duty of Court to make efforts for settlement.

(1) In every suit or proceeding to which this Order applies, an