IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 13 OF FEBRUARY, 2026 MISC. PETITION No. 294 of 2026 KAJAL SINGH GAHERWAR Versus SHUBHAM SHUKLA Appearance:

Shri Prafull Sharma - Advocate for petitioner.

Shri Varun Kumar Dubey - Advocate for respondent.

ORDER The present petition has been filed challenging the order dated

09.12.2025 passed by the Family Court, thereby rejecting the application submitted by the petitioner for waiving of cooling-off period of 6 months in terms of Section 13-B(2) of the Hindu Marriage Act.

2. The petition for divorce under Section 13-B(2) of Hindu Marriage Act was filed on 09.10.2025 seeking divorce by mutual consent and after first motion i.e. 28.10.2025, the application for waiving cooling-off period was filed on 09.12.2025.

3. The Family Court has rejected the application on the ground that cooling-off period is a statutory period and it is intended so that the parties can re-contemplate their decision to separate from each other and for that purpose the cooling-off period has been provided by the legislature so that the parties may not separate from each other by way of any decision taken in a hurry. It is also intended that if there is a possibility of reconciliation, then the parties should get a sufficient cooling-off time to re-contemplate their decisions.

4. Learned counsel for the petitioner submits before this Court that there are no chances of reconciliation between the parties and the marriage has irreparably broken down as the marriage took place on 27.12.2019 whereas the parties have not cohabited with each other after 15.07.2022 and they have lived together only for a period of around three years with each other and are living separately since 15.07.2022. There has been no cohabitation between the parties since the last more than 3½ years i.e, since July, 2022. It is contended that the parties have reconciled their differences in terms of the compromise application and they want to part like good friends. It is contended that no issue has been born out of the wedlock and both the parties are well educated and of matured age. The husband is aged about 30 years and the wife is also of matured age. They have thought about the consequences of divorce and it is not a decision taken on the spur of the moment but has been taken after living separately for more than 3½ years. The decision was taken after due deliberations and contemplations for this long period and looking to the overall circumstances, there can be no presumption that it is a decision taken in haste and hurry. The parties being matured and well educated have taken the decision to part like good friends after considering all the pros and cons and in such circumstances since they are not living together since July, 2022, and now making them wait for another six months would only prolong their agony being bound in a wedlock which has broken down irretrievably.

5. Upon considering the aforesaid position, making the parties wait for another six months would only prolong their agony and thus the Family Court ought to have waived the cooling-off period. The Supreme Court in the case of Amit Kumar Vs. Sumit Beniwal, 2021 SCC OnLine SC 1270 has held as under:

"19. Where there is a chance of reconciliation, however slight, the cooling period of six months from the date of filing of the divorce petition should be enforced. However, if there is no possibility of reconciliation, it would be meaningless to prolong the agony of the parties to the marriage. Thus, if the marriage has broken down irretrievably, the spouses have been living apart for a long time, but not been able to reconcile their differences and have mutually decided to part, it is better to end the marriage, to enable both the spouses to move on with the life.

27. For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13B(2) of the Hindu Marriage Act, the Cour