ORDER 1. The petitioner before this Court has filed this present writ petition being aggrieved by the order passed by the 4th Addl. Sessions Judge, Dr. Ambedkar Nagar, Distt. Indore in HM Case No. 34/2020. 2. The contention of the petitioner is that the petitioner and the respondent got married on 13.2.2015 as per Hindu rites at Mhow and they are residing separately since February, 2019. They have decided to obtain a decree of divorce. They have also entered into an agreement for alimony and other related issues and they have filed an application u/s. 13B for grant of divorce by mutual consent. The petitioner has stated that he has to go abroad and he is having an offer for job from the United States of America and, therefore, it was jointly prayed before the trial Court to allow their application u/S. 13B of the Hindu Marriage Act. It has been further stated that the matter was fixed for mediation. However, the same has also resulted in failure. The trial Court has rejected the application for waiving of the cooling period of six months, which is mandatory. 3. Learned counsel for the petitioner has placed reliance upon the judgment delivered by the apex Court in the case of Amardeep Singh v. Harveen Kaur reported in 2017 (III) MPWN 69 = (2017) 8SCC 746. 4. The trial Court has rejected the application for waiving of the cooling period of six months, which is mandatory. 3. Learned counsel for the petitioner has placed reliance upon the judgment delivered by the apex Court in the case of Amardeep Singh v. Harveen Kaur reported in 2017 (III) MPWN 69 = (2017) 8SCC 746. 4. The Supreme Court in the matter of Amardeep Singh v. Harveen Kaur (supra) has laid down the following conditions for waiving the cooling off period:- “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 13B(2), it can do so after considering the following : (i) the statutory period of six months specified in section 13B(2), in addition to the statutory period of one year under section 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/section 23(2) of the Act/section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; (iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; (iv) the waiting period will only prolong their agony.” 5. Having regard to the facts which are pointed out by earned counsel for parties and also the fact which are noted above, I am of the opinion that the aforesaid conditions are satisfied in the matter. The waiting period at this stage will only prolong the agony of the parties. In view of the aforesaid, the impugned order cannot be sustained and is hereby set aside. The parties are at liberty to file appropriate application before the trial Court and the trial Court is directed to consider the same without any unnecessary delay. 6. The petition is accordingly disposed of.