Waiver of the statutory cooling-off period in divorce is discretionary and can be granted if parties demonstrate no likelihood of reconciliation and have achieved mutual consent.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 15 OF SEPTEMBER, 2025 MISC. PETITION No. 4787 of 2025 SMT.VARSHA SONI Versus MAHENDRA SONI Appearance:

Shri Sandeep Kumar Sen - Advocate for the petitioner.

Shri Umashankar Rawat, learned counsel for the respondent.

ORDER Petitioner and respondent are present in person before this Court. They have submitted on Board that they have filed this petition for waiving off cooling period of divorce. Both the parties have been identified by their respective counsel present before this Court.

Heard.

2. The present petition has been filed by the petitioner challenging the order dated 22.07.2025 (Annexure P/1) passed by the Principal Judge, Family Court, Jabalpur in RCSHM No. 469/2025, whereby the application submitted by the petitioner and respondent mutually under Section 151 of the Code of Civil Procedure for waiving of the six months cooling-off period for divorce under Section 13B of the Hindu Marriage Act, 1955 (For short 'Act, 1955') has been dismissed.

3. It has been contended by the learned counsel for the petitioner that Signature Not Verified Signed by: RAGHVENDRA the petitioner and respondent have mutually decided to file an application for divorce for a consent decree under Section 13B of the Act, 1955. Such application was filed on 30.04.2025. It has also been submitted that the marriage between the parties was solemnized on 04.06.2021 and immediately thereafter from 25.06.2021, they have been living separately. It is further submitted that earlier also they had filed an application for divorce under Section 13B of the Act, 1955, which was registered as Civil Suit No.1069/2022. The said suit was withdrawn as consent was withdrawn by the parties. As such, it has been stated that the parties have been living separately immediately after the marriage since 25.06.2021 and they do not have any issue out of the wedlock. It is submitted by the parties that they have filed an application for waiving off the cooling period of six months in the light of the verdict of the Hon'ble Apex Court given in the case of Shilpa Shailesh vs. Varun Shrinivasan - Transfer Petition (Civil) No. 1118/2014 vide judgement dated 01.05.2023. However, the said application has been dismissed by the Family Court on the ground that the matter related to permanent alimony is pending, therefore, the application cannot be accepted. The parties have submitted that they have agreed for a mutually consented amount of Rs.1,10,000/- to be paid to the petitioner, which has been accepted by the parties before this Court. However, without commenting on the said amount, the said issue is left for the Family Court to decide it on its own merits without getting influenced by this order, since the matter is pending before the Family Court.

4. The Hon'ble Apex Court in the case of Amardeep Singh vs. Harveen Signature Not Verified Signed by: RAGHVENDRA Kaur reported in (2017) 8 SCC 746 has held as under:-

“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 13B (2), it can do so after considering the following:-

i) the statutory period of six months specified in Section 13B (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 32-A 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