IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.02.2026 AJAY KUMAR …. Appellant Versus MANISHA …. Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MRS. JUSTICE RAMESH KUMARI Present : Mr. Baljeet Beniwal, Advocate for the appellant.

Mr. Ravi Kant Berwal, Advocate for the respondent.

****

RAMESH KUMARI, J.

1. The present appeal is filed against the impugned order dated 06.11.2025 vide which the learned trial Court had declined the application for waiving off cooling off period of 6 months for the purpose of recording statements on second motion in petition under Section 13B of Hindu Marriage Act (for short- the HMA).

2. Mr. Ravi Kant Berwal, Advocate appeared and has filed his Power of Attorney on behalf of the respondent. The same is taken on record.

3. Learned counsel for the appellant submits that learned trial Court committed an error by declining to waive off the cooling off period of 6 months from the date of filing of divorce petition and recording of statements on first motion. The parties have settled their claim qua each other and nothing remains for adjudication except dissolution of their marriage by decree of divorce by way of mutual consent.

4. Learned counsel for the respondent submitted that the respondent, who was impleaded as petitioner No.2 in the divorce petition under Section 13B of HMA before the Family Court at Panipat, has no objection if the present appeal is allowed.

5. Perusal of record reveals that petition under Section 13B was filed on

23.09.2025 and statements on the first motion was also recorded on the same day. The marriage between the parties was solemnized on 18.02.2024. They are living separately since 26.08.2024. They had already sorted out their differences and the appellant-husband agreed to pay `9,50,000/- as full and final settlement amount to the respondent-wife at the time of recording of statements on second motion. Their joint application moved before the Family Court for waiving off cooling off period of 6 months, was dismissed on the ground that object of Section 13B(2) read with Section 14 of the HMA is to save the marriage by preventing haste dissolution of marriage.

6. The parties to the petition have taken conscious decision to dissolve their marriage by way of mutual consent. The appellant-husband was born in the year 1990 and is about 35 years of age and wife is also at prime of her age. In case, the cooling off period of 6 months is waived off, it will help both the parties to move on in their life especially when they have already settled their claim. `9,50,000/- is to be paid to the wife at the time of recording statements on second motion and in case, the cooling off period is waived off, it will help the wife to get the said amount and take independent decision about her life without much delay with the said financial assistance. Since, both the parties have been living separately since 26.08.2024, no purpose would be served by prolonging their agony. Therefore, impugned order passed by learned trial Court is set aside and parties to the petition are entitled for waiving off the cooling off period of

6 months from the day of recording of their first motion statement.

7. Both the parties are directed to appear before the learned trial Court on

26.02.2026 (when their period of separation will be one and half year) or thereafter, after receipt of certified copy of this order, where they shall move application for recording of their statements on second motion.

8. Disposed of accordingly.

9. Copy of this order be forwarded to the Court concerned.

(GURVINDER SINGH GILL) (RAMESH KUMARI)

JUDGE JUDGE

03.02.2026 Jyoti-IV