Gita v. C.Srikanth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.2840 of 2025 Gita ... Petitioner Vs.

C.Srikanth ... Respondent Prayer: The Civil Revision Petition filed under Article 227 of Constitution of India, to fix an early date by waiving the cooling period of six months for the disposal of HMOP.No.367 of 2025 on the file of the Sub-Court, Alandur.

For Petitioner : Mrs.Rita Chandrasekar for M/s.R.Meenakshi

ORDER

The Civil Revision Petition has been filed to fix an early date by waiving the cooling period of six months for the disposal of HMOP.No.367 of 2025 on the file of the Sub-Court, Alandur. 2.Heard the learned counsel for the petitioner. 1/4

3.The petitioner is the wife, seeking a direction to the Sub-Court, Alandur, to waive the cooling period of six months for the disposal of HMOP.No.367 of 2025.

4.The learned counsel for the petitioner states that the petitioner and the respondent are aged 62 and 59 respectively and there is no possibility of any reconciliation and therefore, the petitioner and the respondent have moved an application for mutual consent divorce. However, the Sub-Court, Alandur, has not permitted the cooling period to be waived by taking up the HMOP by an earlier date and dispose of the same. 5.The Hon'ble Supreme Court in Amardeep Singh Vs. Harveen Kaur in Civil Appeal.No.11158 of 2017 dated 12.09.2017, has held that the Courts shall have power to waive the cooling period of six months, if the circumstances so warrant. In the present case, the petitioner and the respondent are aged 62 and 59 years respectively and they have clearly come on record stating that there is no possibility of any reconciliation. The cooling of period of six months is only to enable the parties to settle the 2/4

disputes and see if there is any possibilities of renuion. However, considering the age of the parties, the said object of the cooling period is not going to serve anybody's interest, especially the interest of the petitioner and the respondent in the present case and it would only prolong their agony. 6.In view of the above, the Sub-Court, Alandur, shall waive the cooling period of six months and subsequently, dispose of HMOP.No.367 of 2025 pending on its file, on merits and in accordance with law, on or before 31.07.2025.

09.07.2025 ata Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Issue order copy on 15.07.2025.

To The Sub-Court, Alandur.

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P.B. BALAJI,J.

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