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2024 Supreme(Online)(TEL) 24371

THE HONOURABLE DR.JUSTICE G.RADHA RANI CIVIL REVISION PETITION No.4064 of 2024

ORDER:

This Civil Revision is filed by the petitioners 1 and 2 to direct the learned Principal Senior Civil Judge, Sangareddy District for expeditious disposal of H.M.O.P.No.170 of 2024.

2. Heard the learned counsel for the petitioner and respondent.

3. Learned counsel for the petitioner submitted that petitioner and respondent were legally wedded as per Hindu rites and customs on 15.12.2019 at Gokavaram, Thantikonda, Sri Venkateswara Swamy Temple, Rajahmundry, Andhra Pradesh as per Hindu customs, traditions and rites. It was an arranged marriage. The marriage was consummated. After the marriage, the petitioner and respondent found that their views and ideas were not suitable to each other and they developed dislike against each other. The marriage tie between the petitioner and respondent was broken down irretrievably and since May, 2021, they were living separately. The elders of both the petitioner and respondent tried to settle the differences. But they could not succeed, due to which the petitioner and the respondent were living separately at their respective places. Both the petitioner and respondent waived any claims, whether civil or criminal against each other. No legal disputes remain un-resolved between them. They mutually and amicably settled all the disputes among themselves. Both the parties entered into a Memorandum of Understanding on 11.08.2024 and out of their own will, volition and clear mind, they mutually decided to seek a decree of dissolution of their marriage by mutual consent and filed a petition under Section 13-B of the Hindu Marriage Act, 1955, which was numbered as H.M.O.P.No.170 of 2024. On 16.12.2024, they filed a petition to waive off the mandatory statutory period. But the same was returned by the trial court. No amount of cooling period would bring the petitioner and respondent back together. There was no scope for any reconciliation. They were living separately since May, 2021. The petitioner and respondent were unable to focus on their careers and move on in their lives. They were suffering psychologically and physically. The said issued had impacted their health and were putting their career, life and all their years of hard work at stake. It was causing extreme hardship to the petitioner and respondent to stay in matrimonial tie together. Asking them to stay together for another year was not prudent.

4. Learned counsel for the petitioner further submitted that the petitioner was employed as a research scientist in the United Kingdom and the respondent was engaged in her medical practice at RJ Sankara Eye Hospital in Uttar Pradesh. The petitioner came to India on 01.12.2024 and was scheduled to return to United Kingdom in the last week of December after completing the case. In view of their professional commitment and the urgent need to finalize their divorce, both parties sought for an advancement of the hearing date and waiver of the statutory period. But the learned Principal Senior Civil Judge, Sangareddy District without assigning an SR number, returned the petition on 16.12.2024 and relied upon the judgment of the Hon'ble Apex Court in Amit Kumar v. Suman Beniwal, [2021 SCC OnLine SC 1270] , wherein certain factors were given to exercise the discretion for waiving off the cooling period.

5. Learned counsel for the respondent also requested to give a direction to the learned Principal Senior Civil Judge, Sangareddy for early disposal of the mutual consent divorce petition filed by both the parties by waiving off the cooling period.

6. Perused the record.

7. As seen from the record, the marriage between the petitioner and the respondent was admittedly solemnized on 15.12.2019. Both the learned counsel for the petitioner and respondent stated that the parties were living separately since May, 2021 and on 11.08.2024 a compromise deed was executed between the parties and both of them jointly filed H.M.O.P.No.170 of 2024 on 21.09.2024 under Section 13-B of the Hindu Marriage Act, 1955 before the

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