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2025 DIGILAW 608 (RAJ)

Rakesh Muleva v. Rukma Devi

2025-03-05

MUNNURI LAXMAN

body2025
ORDER : MUNNURI LAXMAN, J. 1. Heard on the final disposal. 2. The present writ petition has been filed challenging the impugned order dated 04.02.2025 (Annex.3) passed in Civil Misc. Case No. 2/2025 pending before the Family Court, Bilara, District Jodhpur. 3. The said application was filed by both the parties under Section 13-B of the Hindu Marriage Act for waiver of the cooling period of six months. 4. The contention of the learned counsel for the petitioner is that the guidelines issued by the Apex Court in the case of Amardeep Singh Vs. Harveen Kaur : (2017) 8 SCC 746 are fully complied with and inspite of that, the application filed for waiver has been dismissed by the learned Family Court, Bilara, District Jodhpur without considering the requirement to waive the cooling period of six months. 5. In the case of Amardeep Singh cited supra, the Supreme Court has laid down the following guidelines in order to invoke the power to waive the cooling period of six months. Relevant extract of which is reproduced 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 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.” 6. Learned counsel for the petitioner also submitted that the petition under Section 13-B of the Hindu Marriage Act was filed on 04.01.2025. As per the averments of the petition, both the parties have been living separately since November, 2023 and if the said period is taken into consideration, the condition of six months and one years has been complied with. 7. As per the averments of the petition, both the parties have been living separately since November, 2023 and if the said period is taken into consideration, the condition of six months and one years has been complied with. 7. Learned counsel also submitted that the other requirements, as laid down by the Supreme Court in the above cited case were also made out by the parties and inspite of that, the learned Family Court has dismissed the application seeking waiver of cooling period. 8. A bare perusal of the pleadings made in the petition filed under Section 13-B of the Hindu Marriage Act reflects that the parties to the petition have been living separately since November, 2023 and the petition has been filed on 04.01.2025, thus, the first guideline issued by the Supreme Court in the above cited case has been complied with. 9. The conciliation proceedings for reuniting the parties have also been failed and there is no likelihood that both the parties will live together. Issue regarding custody of children and alimony has already been settled between the parties. 10. Not allowing the waiver of cooling period of six months will prolong the agony of both the parties and in such circumstances, the instant writ petition is allowed. The impugned order dated 04.02.2025 (Annex.3) passed by the Family Court, Bilara, District Jodhpur is set aside. Consequently, the application seeking waiver of cooling period of six months is allowed. No cost.