BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.02.2026 CORAM THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Anamika ... Petitioner Vs Nagendran ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 18.11.2025 made in I.A.No.2 of 2025 in HMOP.No.218 of 2025 passed by the III Additional Sub Court, Madurai.

For Petitioner : Ms.M.Nanthini For Respondent : Mr.S.R.Sathan Boopathy

ORDER

This Civil Revision Petition has been filed challenging the order dated 18.11.2025 made in I.A.No.2 of 2025 in HMOP.No.218 of 2025 on the file of the III Additional Sub Court, Madurai.

2.The petitioner is the wife and the respondent is the husband.

Their marriage was solemnized on 19.05.2024, as per Hindu Customs and Rituals. Due to the matrimonial dispute arose between them, both the petitioner and the respondent jointly filed HMOP.No.218 of 2025, before the III Additional Sub Court, Madurai, seeking divorce on mutual consent. Pending such petition, both the petitioner and the respondent filed I.A.No.2 of 2025 seeking to waive the cooling-off period on the ground that they have been living separately for more than 19 months. However, the trial Court, by order, dated 18.11.2025, dismissed the said petition. Aggrieved over the same, the present Civil Revision Petition has been filed.

3.The learned Counsel for the petitioner would submit that statutory cooling off period has to be waived in cases of mutual consent divorce. She would further submit that since both the petitioner and the respondent have been living separately for more than 19 months, the statutory cooling off period shall be waived.

4.The learned counsel for the respondent has no objection for allowing this petition.

5.Heard the learned Counsel on either side and perused the materials available on record.

6.It is admitted that the marriage between the parties have been solemnized in the month of May 2024 and they claim that they have been living separately for more than 19 months. Now they have filed a petition in H.M.O.P.No.218 of 2025 before the III Additional Sub Court, Madurai, seeking divorce on mutual consent. They have also filed an application to waive the statutory cooling-off period and the same was dismissed by the Court below, which is under challenge herein.

7.The question that arises for consideration is to waive-off the cooling period, as required under Section 13B(2) of the Act. The Hon'ble Supreme Court, in the decision in Amardeep Singh Vs Harveen Kaur reported in 2017 (4) RCR (Civil) 608, has held as follows:-

“16. The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off the period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled. The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the Court should not be powerless in enabling the parties to have a better option.

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18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following :

i) the statutory period of six months specified in Section

13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

ii) all efforts for mediation/conciliation including efforts in terms of