Court No. - 40 Case :- MATTERS UNDER ARTICLE 227 No. - 10080 of
2019
Petitioner :- Dhriti Kaushik
Respondent :- Additional Family Judge And Another
Counsel for Petitioner :- Vivek Saran
Counsel for Respondent :- Ashish Mishra
Hon'ble Siddhartha Varma,J.
Vakalatnama filed today by Sri Anoop Kumar, Advocate on behalf of respondent No. 2 and the affidavit of service filed today by Sri Vivek Saran, learned counsel for the petitioner are taken on record.
The petitioner alognwith respondent No.2, had filed an application under Section 13-B of Hindu Marriage Act, 1955 (hereinafter called the 'Act') for dissolving their marriage. Since the provisions of the Act provided that a decree for mutual divorce could finally be passed only after six months had elapsed, from the filing of instant petition, the petitioner alongwith respondent No. 2 had filed a joint affidavit for waiving off the cooling-off period on 27.11.2019. However, when the application for waiving off the cooling off period was rejected on 13.12.2019, the petitioner filed the instant writ petition under Article 227 of the Constitution Of India. The Supreme Court in a judgement reported in (2017) 8 SCC 746 : Amardeep Singh vs. Harveen Kaur, has held in paragraph No. 19 that the application for waiving off the cooling off period of six months could be filed within a week of the filing of the divorce petition under Section 13-B of the Hindu Marriage Act, 1955, and if the conditions as given in paragraph No. 19 of the aforesaid judgment were satisfied the cooling-off period could be waived off.
Today, before the Court the respondent No. 2 has appeared through his counsel namely, Sri Anoop Kumar, who has stated that the parties had sorted out all their differences and were ready to part.
Under such circumstances, the cooling-off period of six months is waived and the Court may now proceed with the decision of the suit itself. The parties shall now appear on 20.01.2020 before the Family Court, which shall decide the matrimonial petition being Matrimonial Petition No. 2073 of 2019, in Neutral Citation No. - 2020:AHC:9132
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accordance with law. It may be stated that if the parties appear on that date, the petition would be either decided on that date or would be decided within a period of one week thereafter. The order dated 13.12.2019 is set-aside.
With these observation, the writ petition is allowed. Order Date :- 13.1.2020
S.K.
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