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In,

The Court of Principle Judge,

Family Court, Patna

Matrimonial Case No. /2021

Sukriti Gupta _________1st Petitioner

Versus

Amit Ranjan Kumar __________2nd Petitioner

In the matter of:

The humble joint petition filed

on behalf of above named

both the parties to relax/

waive minimum statutory

period of 6 months as

stipulated u/s 13(B) of the

Hindu Marriage Act 1955.

Most Respectfully Sheweth:-

1. That the marriage of both parties above named was

solemnized was on 28.06.2020 according to Hindu Rites

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and Rituals at Hajipur. They lastly lived in your

jurisdiction in Patna.

2. That this is case has been presented by both parties

before court on 17.12.2021 for gathering decree of

divorce by mutual consent u/s 13(B) of the Hindu

Marriage Act 1955 and accordingly both parties

appeared physically before this court on 07.03.2022 and

vide order dated 07.03.2022 your honour has been

pleased to admit this case and next dated is fixed on

08/09/2022 in this case, for evidence of both parties in

terms of section 13(B) of Hindu Marriage Act 1955.

3. That in view of judgment passed by the Hon’ble

Supreme Court in Civil Appeal No. 11158 of 2017

(Amandeep Singh v/s Harveen Kaur) both parties want

to make prayer for waivier of cooling period of six

months on the below mention grounds.

(i) That the manage of both parties has been

solemnized on 28.06.2020 according to Hindu rites

and kindly and they are living separately since

September 2020, meaning, thereby both parties on

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living separately more than 1 year and 9 months

which is already ever before first month itself as

required statutory period six months specific in

13(B)2 in addition to the statutory period of one

year under section 13(B) of separation.

(ii) That in spite of several effort made by parents, well

wishers and common friends of both parties to

reunite both parties has been failed and now there

is no chance of reconciliation between the both

parties under any circumstances and both parties

want to take divorce by mutual consent.

(iii) That the both parties have genuinely settled their

all disputes and as per settlement petitioner No.1

Sukriti Gupta has to take nothing towards

permanent alimony from her husband petitioner

No. 2 Amit Ranjan Kumar and now no claims in

any manner wherever, remain between both

parties against each other.

(iv) That there is no issue of child out of the wedlock of

the both parties because they have no any child.

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(v) That the petitioner waiting beside period will only

prolong mental agony against to both parties as

petitioner No.1 has to go to abroad for his lively

hood to United State of America on ungent Basis

and petitioner No.2 want to do another marriage

because his mother has died and petitioner No.2 is

elder son of his family in petitioner No.2 family his

sister’s marriage has been delaying due to absence

of women in his family. This is very serious mental

agony for the both parties.

4. That both parties have settled/ resolved their all

disputes amicably and also they have no concern from

each other for more than 1 year 9 months and now

there is no chance of reconciliation between them, so

both parties wanted to get mutual divorce at the earliest

and further delay in disposal of the instant case will

cause mention agony to both parties as aforesaid.

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It is, therefore, prayed that

under the aforesaid facts and

circumstances of the instant

case and in light of above said

judgment of the Hon’ble open

court your Honour may

graciously be pleased to waive

the cooding period of six

months and next earliest date

may kindly be fixed for

evidence of both parties sides

in terms of section 13(B) of

the Hindu Marriage Act,

1955.

And for this both the petitioners/parties shall ever pray.