Gujarat HC upholds family court’s Order refusing to waive off statutory cooling period as couple seeking mutual divorce

Gujarat HC upholds family court's Order refusing to waive off statutory cooling period as couple seeking mutual divorce

The Gujarat High Court upheld the family court’s Order refusing to waive off statutory cooling period for couples seeking mutual divorce.

Background 

The Petitioners have preferred the Petition under Articles 14, 226 and 227 of the Constitution of India challenging the order passed Application in HMP, whereby the Principal Judge, Family Court, Ahmedabad has dismissed the Application, which is filed for the prayer to waive the cooling period of months as there are no chances of reunion between the parties.

Argument

The Petitioners contended that the marriage between the Petitioners was solemnized as per Hindu rites and customs at Ahmedabad but due to differences arisen between the Petitioners, the Petitioners are living separately since December 2020 and all efforts for reconciliation were in vain. 

Decision

The single judge bench of Justice Ashokkumar C. Joshi noted that the marriage of Petitioners was solemnized on 8.12.2020 and they hardly lived for 12 days and separated on 20.12.2020 and since then they have no marital relation. 

The court said that the family court Judge has rightly considered the observations made by the Apex Court in case of Amit Kumar v. Suman Beniwal by observing that the said judgment is not helpful to the Petitioners as the Apex Court has exercised its power under Article 142 of Constitution of India and wiaved of statutory period of six months under Section 13(B)(2) of the Hindu Marriage Act and the Principal Judge, Family Court Ahmedabad has no power to exercise such power under Article 142 of Constitution of India.

The court while dismissing the appeal in limine stated that it is in complete agreement with the findings recorded by the Principal Judge, Family Court, Ahmedabad and there is no need to interfere with the order passed by it in Family Suit. 

Case title: Sujal Jayantibhai Mayatra v/s NA 

Citation: R/SPECIAL CIVIL APPLICATION NO. 330 of 2022 

Click here to read the Order/Judgment  

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