ORDER 1. The husband and wife have jointly filed an application under section 10-A of the Divorce Act, 1869, before the Addl. Principal Judge, Family Court, Jabalpur, in Case No.CCB/16/2009.RCSA.91/2022 for waiving off the cooling period, which has been rejected. 2. It is submitted by learned counsel for the petitioner that the husband and wife are of Indian domicile and are Christians by faith and religion. On 23.7.2018 both of them were lawfully married. Marriage certificate dated 29.8.2018 was issued. Since their marriage was not successful, therefore, they have decided to obtain the decree of divorce by mutual consent. Both of them have decided to seek divorce and to live separately, therefore, it was prayed that pendency of divorce petition may be waived off. Learned counsel for the petitioner submitted that there is no possibility of compromise between the parties in future. 3. Hon'ble the Supreme Court in the case of Amardeep singh Vs. Harveen Kaur, reported in AIR 2017 SC 4417 , has considered the question whether the minimum period of six months stipulated under section 13(2) of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act of 1955') for a motion for a passing decree of divorce on the basis of mutual consent is mandatory or directory and whether such period can be relaxed in exceptional situation. The object of the provisions contained in section 13B of the Act of 1955 was considered by the Apex court and it was held as follows :- "7. In Amardeep Singh (supra), after analysing the provision contained in Section 13B(2) of the Hindu Marriage Act, 1955, the Hon'ble Supreme Court further held as follows: "18. The object of the provisions contained in section 13B of the Act of 1955 was considered by the Apex court and it was held as follows :- "7. In Amardeep Singh (supra), after analysing the provision contained in Section 13B(2) of the Hindu Marriage Act, 1955, the Hon'ble Supreme Court further held as follows: "18. 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 Order XXXIIA, Rule 3, CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to re-unite 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 O.P.(FC) No.577/2018 differences including alimony, custody of child or any other pending issues between the parties; iv) the waiting period will only prolong their agony. 19. The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. 20. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concerned Court. 21. Since we are of the view that the period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation." 9. At this juncture, we find it advantageous to extract here the provisions contained in Section 13B of the Hindu Marriage Act, 1955 and Section 10A of the Divorce Act, 1869. At this juncture, we find it advantageous to extract here the provisions contained in Section 13B of the Hindu Marriage Act, 1955 and Section 10A of the Divorce Act, 1869. Section 13B(2) of the Hindu Marriage Act, 1955 reads as follows: "13B Divorce by mutual consent.- (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date o f the presentation o f the petition referred t o in sub-section(1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solelmnized and that the averments in the petition are true, pass a O.P.(FC) No.577/2018 decree of divorce declaring the marriage to be dissolved with effect from the date of the decree." 10. Section 10A of the Divorce Act, 1869 reads as follows: "10A. Dissolution of marriage by mutual consent.- (1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and thy have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree." 12. The provisions contained in Section 10A of the Divorce Act, 1869, are, in substance, a verbatim reproduction of the provisions contained in Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954. The only substantial difference is that, instead of the period of one year mentioned in Section 13B(1) of the Hindu Marriage Act, 1955 and O.P.(FC) No.577/2018 Section 28(1) of the Special Marriage Act, 1954, a period of two years of separate residence is provided under Section 10A(1) of the Divorce Act, 1869. The beneficiaries under the abovementioned provisions of different statutes are persons who want divorce by mutual consent and who file joint petition for that relief. There can be no discrimination among them on the ground of religion. Divorce by mutual consent is a secular concept. When the Apex Court has declared the law that the "cooling off period" of six months provided under Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory but directory and such period can be allowed to be waived by the court on satisfaction of certain conditions, denying that benefit to persons who are governed by the Divorce Act, 1869 would amount to unjust discrimination. Therefore, we are of the considered opinion that the dictum laid down by the Apex Court in Amardeep Singh (supra) is applicable to a petition for divorce filed under Section 10A of the Divorce Act, 1869 and on satisfaction of the conditions laid down in that decision, the Family Court can waive the period of six months. 4. In view of the law laid down by the Apex court in the case of Amardeep (supra) and taking into consideration the fact that the parties have mutually settled all their claims, counter claims etc. 4. In view of the law laid down by the Apex court in the case of Amardeep (supra) and taking into consideration the fact that the parties have mutually settled all their claims, counter claims etc. and there is no possibility of their reunion, therefore, the cooling period of six months as provided under section 10A of the Divorce Act is waived off. Accordingly, the impugned order dated 5.9.2022 passed in R.C.S.A.No.91/2022 is set aside. 5. Resultantly, writ petition stands allowed. Learned Family Court is directed to proceed further in accordance with law.