High Court directed numbering of waiver application under S.13B(2) HMA due to irretrievable breakdown and no reunion possibility.

Headnote:The petitioners invoked Article 227 of the Constitution of India seeking directions to number IA No. of 2026 under Section 13B(2) of the Hindu Marriage Act, 1955, filed in HMOP No.632 of 2025 before the Subordinate Judge at Alandur, for waiver of the six-month cooling period in a mutual consent divorce petition. The parties have been living separately since 2024 with no possibility of reunion, and the wife intends to settle abroad post-divorce. The trial court had not considered the application. The High Court found the submissions compelling and directed numbering of the application. The key issue was whether the unnumbered application for waiver of cooling period under Section 13B(2) should be entertained given the circumstances of irretrievable breakdown and future plans. The court observed that if there is no possibility of reunion or reasons assigned, the application warrants consideration, emphasizing expediency in mutual consent dissolutions. The Civil Revision Petition was disposed of with directions to the trial court to number the application within three weeks from receipt of the order.

Table of Content
1. petition to number cooling period waiver application under hma. (Para 1)
2. parties separated since 2024, no reunion possible. (Para 2)
3. court directs numbering within three weeks, petition disposed. (Para 3 , 4)

ORDER

The petitioners has filed this petition to number the unnumbered IA.No.

Of 2026, filed Waiver of Cooling Period Appliation under sec 13B(2) of Hindu Marriage Act, 1955, dated 05.02.2026 in the HMOP.No.632 of 2025 on the file of Subordinate Judge at Alandur.

2. The learned counsel for the revision petitioners submitted that the parties have been living separately since 2024 and that there is no possibility of reunion. He further submitted that after divorce, the wife intends to settle with her sister in Singapore and pursue her career. In this regard, she filed an application before the trial Court, but the same has not been considered.

3. Considering the said submission, if there is any possibility of reunion or if reasons are assigned, the application can be taken on file. Therefore, this Court directs the trial Court to number the application within a period of three weeks from the date of receipt of a copy of this order.

4. In view of the above, this Civil Revision Petition is disposed of. No costs.

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2026 Supreme(Online)(Mad) 38899

IN THE HIGH COURT OF JUDICATURE AT MADRAST.V.Thamilselvi, JPooja Raju Shettiyar – AppellantVersusNil – RespondentCivil Revision Petition|IA.No. of 2026 (Unnumbered)|HMOP.No.632 of 2025

High Court directed numbering of waiver application under S.13B(2) HMA due to irretrievable breakdown and no reunion possibility.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
Pooja Raju Shettiyar – Appellant
Versus
Nil – Respondent
Civil Revision Petition|IA.No. of 2026 (Unnumbered)|HMOP.No.632 of 2025