ORDER

This is a petition assailing the order dated 27-01-2023 by which the Family Court has declined to entertain the request made by the applicant and non-applicant jointly, to waive of cooling period, in terms of the law laid down by the Apex Court in the case of Amardeep Singh vs. Harveen Kaur, (2017) 8 SCC 746 .

2. It is contended by the learned counsel for applicant that a petition under Section 13-B(2) of the Hindu Marriage Act, 1955 was filed by the parties before the Court below, and a request was made to waive off the cooling period, inasmuch as there was no possibility of settlement, and the parties have consciously taken a decision to part ways and lead their lives independently. Accordingly, the said application ought to have been allowed.

3. Contention advanced by the learned counsel for the applicant has not been opposed by the learned counsel for the non-applicant 4. The apex Court in the case of Amardeep Singh (supra) in para 19 ruled thus :

"19. 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 1