ORDER

1]

Heard finally, with the consent of the parties.

2]

This petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 12.04.2024, passed in case No.HMA/474 of 2024 by the Additional Principal Judge, Family Court, Indore whereby the petitioner’s application for waving the cooling off period of six months as provided under Section 13B of Hindu Marriage Act, 1955 has been rejected, citing the decision rendered by the Supreme Court in the case of Amardeep Singh v. Harveen Kaur reported as 2017 (8) SCC 746. 3]

The facts of the case are that petitioner and the respondent got married on 14.04.2018, and since 03.01.2023, they are residing separately due to irreconcilable differences, whereas, the application for divorce by mutual consent u/s.13B has been filed on 20.02.2024. 4]

Counsel have submitted that the learned Judge of the trial Court ought to have allowed the application for waving the cooling off period as on 05.03.2024 the mediation has also taken place and the parties have resolved to settle the dispute by pursuing the application for divorce by mutual consent only, but still, the application has been rejected vide