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 a