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MADHYA PRADESH HIGH COURT
Unknown, Unknown
Sapna Singhal v. Piyush Singhal
| Table of Content |
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| 1. petitioner seeks waiver of the cooling-off period. (Para 1 , 4) |
| 2. court assesses criteria for waiver of the cooling-off period. (Para 2 , 5 , 6) |
| 3. insufficient grounds for waiver of the cooling-off period. (Para 7 , 8) |
| 4. final decision dismisses the petition. (Para 9) |
1. This petition under Art.226/227 of the Constitution of India has been filed against the order dated 22/10/2019 (Annexure P1) passed by Principal Judge, Family Court, District Morena in Case No.173 of 2019 (HMA), by which the prayer made by the petitioner for waiver of the cooling period of six months has been rejected.
2. It is submitted by the Counsel for the petitioner that the Supreme Court in the case of Amardeep Singh v Harveen Kaur , reported in (2017) 8 SCC 746 : (AIR 2017 SC 4417) : (AIR 2018 SC (Civ) 41) : (2018 (1) ADR 655) has held that the cooling period of six months is directory and not mandatory and under the facts and circumstances of the case, the same can be waived.
3. Heard the learned Counsel for the petitioner.
4. It appears that the petitioner as well as the respondent have filed an application under S.13 - B of Hindu Marriage Act for grant of divorce by mutual consent. It ap
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