The applicants are requesting the court to waive the mandatory 6 month cooling off period and grant them a mutual divorce. They were married in December 2018 according to Hindu rites but differences arose shortly after and they have been living separately since. Both families and community members have tried but failed to resolve their differences. The marriage has not been consummated and there are no children. The applicants do not wish to live together or fulfill their marital obligations. Given this irretrievable breakdown, they mutually want to dissolve the marriage without delay.
The applicants are requesting the court to waive the mandatory 6 month cooling off period and grant them a mutual divorce. They were married in December 2018 according to Hindu rites but differences arose shortly after and they have been living separately since. Both families and community members have tried but failed to resolve their differences. The marriage has not been consummated and there are no children. The applicants do not wish to live together or fulfill their marital obligations. Given this irretrievable breakdown, they mutually want to dissolve the marriage without delay.
The applicants are requesting the court to waive the mandatory 6 month cooling off period and grant them a mutual divorce. They were married in December 2018 according to Hindu rites but differences arose shortly after and they have been living separately since. Both families and community members have tried but failed to resolve their differences. The marriage has not been consummated and there are no children. The applicants do not wish to live together or fulfill their marital obligations. Given this irretrievable breakdown, they mutually want to dissolve the marriage without delay.
The applicants are requesting the court to waive the mandatory 6 month cooling off period and grant them a mutual divorce. They were married in December 2018 according to Hindu rites but differences arose shortly after and they have been living separately since. Both families and community members have tried but failed to resolve their differences. The marriage has not been consummated and there are no children. The applicants do not wish to live together or fulfill their marital obligations. Given this irretrievable breakdown, they mutually want to dissolve the marriage without delay.
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APPLICATION TO WAIVE OFF THE COOLING
PERIOD Humble Applicants most respectfully submit as follows:
1. That, the marriage of the applicants was solemnized in
accordance with the rites and rituals of Hindu religion on 27 th December, 2018
2. That, shortly after the marriage, differences arose between the
applicants and both the applicants have been living separately. Families of the applicants as well as members of the community advised both of them to live together, however, the differences between them could not be resolved so as to ensure a happy marital life. The marriage between the applicants has not yet consummated and there is no issue out of the wedlock.
3. That, it is not possible for the applicants to live together to lead a
matrimonial life. Their intentions are very clear that they don’t want to live together or to perform their matrimonial obligations towards each other and therefore after due deliberation and considering the future, both the applicants have mutually decided to live separately by dissolving the marriage.
4. That, therefore, it is requested to waive off the cooling period in
the instant case since, the applicants are determined that they will not live together in the future. Further, there is no collusion between the applicants or between the families of the applicants and both the applicants have willingly and mutually decided to dissolve the marriage.
5. Further, in the light of the Supreme Court Judgment, Amardeep
Singh v. Harveen Kaur (2017) 8 SCC 746 it was observed that-
Since we are of the view that the period mentioned in Section
13B(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.
6. That, the Rajasthan High Court while referring Amardeep Singh
v. Hareev Kaur (2017) 8 SCC 746 in Palak Jain v/s Naveen Rawat 2019 SCC OnLine Raj 816 has waived off the cooling period. Learned counsel for both the parties pray that after after waiving the cooling off period of six months, this court may pass a decree of divorce on mutual consent keeping in view the fact that their marriage has reached the stage of irretrievable broken down, and the application under Section 13(B) of the Hindu Marriage Act pending before the Family Court be also allowed. In support of this submission, learned counsel relied on the judgments of the Supreme Court in Veena Vs. State Govt. of NCT, Delhi & Anr., (2011) 14 SCC 614, Devinder Singh Narula Vs. Meenakshi Nangia - (2012) 8 SCC 580, and Amardeep Singh Vs. Harveen Kaur - (2017) 8 SCC 746. In Amardeep Singh, supra, the Supreme Court laid down that since the cooling off (3 of 3) [CMA-5935/2018] 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.
7. Similarly, the Apex Court in Soni Kumar v. Deepak Kumar
(2016) 16 SCC 346 has waived off the cooling period after getting satisfied from the fact that there is no possibility that the husband and wife will live together in the future. We have given our anxious consideration in the matter and the terms of settlement arrived at between the parties and in furtherance of the settlement the appellant wife has already received the entire amount of compensation from the respondent husband. We have also considered the satisfaction recorded by the Family Court with regard to the intention of the parties to mutually take divorce and there is no connivance of any of the parties in the decision taken by the appellant and the respondent. In our view, it is a fit case where in order to do complete justice to the parties it becomes necessary to invoke the power under Article 142 of the Constitution in an irreconcilable situation.
8. Therefore, in the light of the aforesaid judgements it is requested
to waive off the cooling period of 6 months in the present case since the parties have no intention to fulfil their matrimonial obligations and to live together in the future. Further, the option of mediation or other alternate dispute resolutions would be a waste of time. 9. Therefore, it is requested to waive off the cooling period and grant mutual divorce.