ORDER

The present petition is preferred by the petitioner who alongwith his spouse respondent, Saraswati Yadav had filed an application under Section 13- B of Hindu Marriage Act, 1955 (hereinafter referred as to 'the Act') before the Principal Judge, Family Court, Bhind vide case No.31/2024 HMA which is pending and now has been fixed for further proceedings on 29.07.2024. Precisely stated facts of the case are that marriage of petitioner and respondent was solemnized on 19/4/2019 according to Hindu Ritual and Rites.

They have no child. After marriage, domestic incompatibility prevailed between the parties which led to filing of application under Section 13(B) of the Act seeking divorce by mutual consent.

Sole grievance of the petitioner and respondent is that the Court below without considering the material aspect and the request made by the them had placed the matter on 29.07.2024 vide order dated 14.03.2024 by giving cooling period of 6 months. The impugned order is contrary to the mandate of the Apex Court in the case of Amardeep Singh Vs. Harveer Kaur reported in 2017 (8) SCC 746 wherein the Apex Court held that the period of six months as stipulated in Section 13-B of the Act be waived of if there is no possibility of settlement and parties cannot be forced to suffer mental agony by way of waiting for further six months.

Counsel for the respondent-wife is in unison at least in respect of provision stipulated under Section 13-B of the Act that waiting period between two motions be waived of as each of them want to get rid of relationship at the earliest. Thus, prayer for setting aside of impugned order passed by the Family Court has been made by the parties.

Heard learned counsel for the parties and perused the documents appended thereto.

The Apex Court in the case of Amardeep Singh (Supra) has held as under:-

"Applying the above to the present petition, 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 13 B (2), it can do so after considering the following:

i) The statutory period of six months specified in Section 13 B(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 Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;

iii) The parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties.

iv) The waiting period will only prolong their agony."​

Since the parties have already decided to live separately, there are no chances of settlement between them and rest of the issues have already been settled by them, therefore, keeping the matter pending in order to give some cooling period is nothing but a futile exercise.

Considering the fact situation as well as the mandate of the Apex Court, parties are directed to move application for waiving of the cooling period of Six months before the trial Court which is permissible under Section 13-B of the HMA and upon filing of such an application, the trial Court is directed for taking fresh call over the facts situation of the case and thereafter pass the order in respect of the prayer made by the parties for waiving of the period of six months for getting divorce.

The parties are directed to appear before the Court below on dated 27.05.2024 wherein the Court below would consider the application preferred by them afresh in terms of the mandate of the Apex Court in the case of Amardeep Singh (Supra), expeditiously.

The petition stands disposed of with the aforesaid directions.

(MILIND RAMESH PHADKE) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 19-04-2024 06:47:14 PM