HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 6794/2022

Raju Singh S/o Jawan Singh, Aged About 34 Years, By Caste

Rajput, Resident Of Village Chandna, Tehsil Sheoganj, District

Sirohi.

----Petitioner

Versus

Twinkle Kanwar W/o Raju Singh, Resident Of Village Botha,

Raghunathgarh, District Pali.

----Respondent

For Petitioner(s)

:

Mr. Pravin Vyas

For Respondent(s)

:

Mr. Kanishk Singhvi

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/05/2022

This writ petition has been preferred on behalf of the

petitioner being aggrieved with the order dated 26.04.2022

passed by the Family Court, Pali (for short ‘the court below’) in

Civil Misc. Case No.26/2022 whereby, the application filed by the

parties for waiving cooling-off period of six months has been

rejected.

Brief facts of the case are that the parties have submitted a

joint application under Section 13-B of the Hindu Marriage Act,

1955 (for Short ’the Act of 1955’) seeking divorce by mutual

consent. As per the contents of the application under Section 13-B

of the Act of 1955, marriage of the petitioner and the respondent

was solemnized on 07.02.2013 at Village Bota (Raghunathgarh),

District Pali. It is mentioned in the application that out of the said

wedlock, no issue is born to the parties. It is further mentioned in

(2 of 4)

[CW-6794/2022]

the application that though the petitioner and the respondent lived

together as husband and wife for quite some time, but later on

differences cropped ups between the parties and both of them

started living separately from July, 2018 and now it is not possible

for them to live together as husband and wife. It has specifically

been mentioned in the application under Section 13-B of the Act of

1955, duly supported by an affidavit of both the parties that both

of them are living separately from July, 2018 and since then, there

is no relation between them. It is also mentioned in the

application that the petitioner has already paid alimony amount to

the respondent and it is agreed by the respondent that she will

not claim any further amount from the petitioner in future.

The application under Section 13-B of the Act of 1955 was

filed before the court below on 19.02.2022 and the next date in

the matter is fixed on 20.08.2022.

A joint application was filed by the parties before the court

below for waving six months’ cooling-off period as provided under

Section 13-B of the Act of 1955 on 26.04.2022, however, the court

below has rejected the same while observing that the parties have

failed to produce documents to prove the fact that both of them

are living separately since July, 2018.

Learned counsels for the parties have submitted that both

the petitioner and the respondent have stated on oath through

affidavit that they are living separately since July, 2018 and, in

such circumstances, there no requirement of producing any

documentary evidence to prove the aforesaid fact.

Learned counsels for the parties have also placed reliance on

the decision of the Hon’ble Supreme Court rendered in the case of

(3 of 4)

[CW-6794/2022]

Amardeep Singh Vs. Harveen Kaur, reported in (2017) 8 SCC

746.

Heard learned counsel for the parties and perused the

impugned order.

The Hon’ble Supreme Court in Amardeep Singh’s case

(supra) has held as under :

“19. Applying the above to the present situation,

we are of the view that where the Court dealing

with a matter is satisfied that a case is made out

to waive the statutory period under Section 13-

B(2), it can do so after considering the following:

i) the statutory period of six months specified in

Section 13-B(2), in addition to the statutory

period of one year under Section 13-B(1) of

separation of parties is already over before the

first motion itself;

ii) all efforts for mediation/conciliation including

efforts in terms of