Gadiraju Sruthi,Kantheti Sruthi v. Nil

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.4932 OF 2018 ORDER:

It is the case of the petitioners that they jointly filed OP No.61 of 2018 for decree of divorce by mutual consent on the file of Senior Civil Judge, Narsapuram on 26.04.2018 and initially matter was posted to 12.06.2018 for appearance and counselling. Though the petitioners sought permission of the Court to waive of six months cooling period for grant of mutual divorce as contemplated under Section 13B(2) of the Hindu Marriage Act, 1955, the matter was posted to 02.11.2018.

Learned counsel for the petitioners submits that in view of judgment of Hon'ble Supreme Court in Amardeep Singh v. Harveen Kaur1, the court has power to waive off the cooling period of six months. Since the Court below has not received any such application, the present Civil Revision Petition is filed. In view of above facts and circumstances, the Court below is directed to receive application filed by the petitioners for waiving off the cooling period and consider the same in terms of judgment of Amardeep Singh v. Harveen Kaur (supra).

With the above direction, this Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stands closed. _______________________________ A.RAJASHEKER REDDY, J 20-09-2018.

kvs 1 (2017) 8 Supreme Court Cases 746

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY C.R.P.No.4932 of 2018 Date: 20.09.2018 kvs