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.