O R D E R

This Civil Revision Petition is filed as against the docket order passed by the learned Sub Judge, Devakottai in I.A.No.2 of 2022 in H.M.O.P.No.184 of 2022, dated 16.09.2022.

2. The petitioners herein are husband and wife. Their marriage was solemnized on 05.06.2009, as per Hindu customs and rituals. Thereafter, their relationship got strained and they decided to separate mutually. Now, they have filed a petition in H.M.O.P.No.184 of 2022 before the Sub Court, Devakottai, seeking divorce by mutual consent. They have also filed an interlocutory application in I.A.No.2 of 2022, to waive the cooling off period of six months, on the ground that they have been living separately for more than four years, which is beyond the cooling period. The trial Court, by order dated 16.09.2022, adjourned the matter to 28.03.2023. Hence, the petitioners are before this Court with this Civil Revision Petition.

3. The learned Counsel appearing for the petitioners by referring the decision of the Hon'ble Supreme Court in Amardeep Singh Vs Harveen Kaur reported in 2017 (4) RCR (Civil) 608 and Amit Kumar Vs Suman Beniwal [C.A.No.7650 of 2021] submits that statutory cooling off period can be waived in cases of mutual consent divorce. According to the learned counsel, the petitioners have been living separately for more than four years and hence there is no possibilities between them to restive, mediate or cohabit in future.

Hence, the statutory cooling off period has to be waived off.

4. Heard the learned Counsel for the petitioners and perused the materials placed on record.

5. Admittedly, the marriage between the petitioners was solemnized on 05.06.2009. They claim that due to some misunderstanding, they have been living separately for more than four years. Now they have filed a petition in H.M.O.P.No.184 of 2022, before the Sub Court, Devakottai, for dissolution of marriage by mutual consent. The petition filed by the petitioners in I.A.No.2 of 2022 to waive the cooling off period of six months is adjourned to 28.03.2023. The grievance of the petitioners is that though they are living separately for more than four years, the trial Court without considering the same, adjourned the matter to 28.03.2023.

6.As per the orders of the Hon’ble Supreme Court, all the efforts for mediation/conciliation including efforts under Order 32 A Rule 3 of Civil Procedure Code, Section 23(2) of the Hindu Marriage Act and Section 9 of the Family Courts Act to reunite the parties have to be taken and if it is failed and if there is no likelihood of success in that direction, the Court may proceed further by cooling off the waiving period under Order 32A Rule 3 of Civil Procedure Code.

6.1.For ready reference, Order 32A Rule 3 of Civil Procedure Code is extracted as under:-

3.Duty of Court to make efforts for settlement.

(1) In every suit or proceeding to which this Order applies, an endeavour shall be made by the Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement, in respect of the subject-matter of the suit.

(2) If, in any such suit or proceeding, at any stage it appears to the Court that there is a reasonable possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it thinks fit to enable attempts to be made to effect such a settlement.

(3) The power conferred by sub-rule (2) shall be in addition to, and not in derogation of, any other power of the Court to adjourn the proceedings.

6.2. Section 23(2) of the Hindu Marriage Act is Extracted as under:-

(2) Before proceeding to grant any relief under this Act, it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:

Provided that nothing contained in this sub-section shall apply to any p