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 the impugned order dated 12.04.2024, on the ground that the Supreme Court in the case of Amardeep Singh (supra) has opined that the application for waving the cooling off period can be allowed under certain conditions only, including the fact that the parties have to disclose that the waiting period will only prolong their agony, and in the present case the parties have not disclosed as to what agony would be caused to them, if the application is decided at an early date.

5]

Counsel for the petitioner has submitted that even in para 3 of their application filed for waving the cooling off period, they have stated that they are residing separately since 03.01.2023, and wants to re-settle separately, which is more than sufficient reason for seeking early disposal of the case, as any undue delay might result in loss of better opportunities to both the parties.

6]

Counsel for the respondent has also supported the petition and has submitted that the petition be allowed.

7]

Heard. Having considered the rival submissions, and on perusal of the aforesaid chronology of events, this Court is of the considered opinion that the petitioner has made out a case for interference in the impugned order as even the decision of the Supreme Court in the case of Amardeep Singh (supra) has also been considered by this Court, vis-à-vis the subsequent decision of the Supreme Court in the case of Amit Kumar Vs. Suman Beniwal reported as 2021 SCC OnLine SC 1270, and it has been held that the application for divorce by mutual consent can be decided without waiting for the six months time as cooling off period.

8]

In such circumstances, the impugned order dated 12.04.2024 is hereby set aside, and the application filed by the petitioner for waving the cooling off period is hereby allowed, and the learned Judge of the Family Court is directed to proceed further and pass the appropriate decree within a week’s time.

9]

With the aforesaid, the petition stands allowed and disposed of.

(SUBODH ABHYANKAR) JUDGE Pankaj