[2025:RJ-JP:19330] 6HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6587/2025 Devendrasingh Kanawat Son Of Late Shri Girdhar Singh Kanawat, Aged About 36 Years, Resident Of Mundiakalan, Tehsil Todaraisingh, District Tonk, At Present F-Quarter, PHED Office Campus, Bhagirath Marg, Shyam Nagar, Jaipur (Raj.) ----Petitioner Versus Smt. Ritu Kanwar Wife Of Shri Devendrasingh Kanawat, Aged About 32 Years, Resident Of Village Jotayan, Tehsil Tantoti, Police Station Sarana, District Ajmer (Raj.) ----Respondent/Applicant For Petitioner(s) : Mr. Prahlad Sharma, Adv. For Respondent(s) : Mr. Ajay Kumar Katara, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/05/2025 The instant writ petition has been filed by the petitioner- husband seeking waiver of the cooling period of six months as provided under Section 13B(2) of the Hindu Marriage Act, 1955 (for short, ‘the Act of 1955’) and also seeking direction to the learned Family Court to decide the divorce petition filed by the parties under Section 13B of the Act of 1955 for grant of decree of divorce by mutual consent, expeditiously. Relevant facts of the case are that a divorce petition was filed by the petitioner in the month of October, 2023 under Section 13 of the Act of 1955 for grant of divorce. During pendency of the said petition, parties entered into a compromise and decided to file petition for grant of divorce under the provisions of Section [2025:RJ-JP:19330] (2 of 3) [CW-6587/2025] 13B of the Act of 1955 by mutual consent before learned Family Court cum Additional District and Sessions Judge No.1, Kekri, District Ajmer. In these circumstances, petition filed under Section 13 of the Act of 1955 was withdrawn by the petitioner and on same day fresh petition under Section 13B of the Act of 1955 was filed for grant of decree of divorce by mutual consent along with an application for waiving of the cooling period of six months however, learned Court did not pass any order on the application for waiving of the cooling period and posted the matter in the month of July, 2025. He further submits that in these facts and circumstances, particularly when earlier divorce petition was pending in the same Court for about one and a half years, learned Court should have accepted the application filed by the parties for waiving of the cooling period of six months. To buttress his contentions, learned counsel for the petitioner relied upon the judgment of Hon’ble Apex Court in the case of Amardeep Singh vs. Harveen Kaur reported in (2017) 8 Supreme Court Cases 746. Learned counsel appearing for the respondent-wife does not dispute the aforesaid factual aspect and prays to pass an appropriate order in the aforesaid facts and circumstances of the present case. Considering the overall facts and circumstances of the case, as also the observations made by Hon’ble Apex Court in the case of Amardeep Singh (supra), I am of the opinion that present petition deserves to be allowed. [2025:RJ-JP:19330] (3 of 3) [CW-6587/2025] Accordingly, the present writ petition is allowed and cooling period of six months as provided under Section 13B(2) of the Act of 1955 is hereby waived. Learned Family Court cum Additional District and Sessions Judge No.1, Kekri, District Ajmer is directed to decide the petition filed by the parties under section 13B of the Act of 1955 expeditiously, preferably, on or before 31.05.2025. Parties are directed to appear before the learned Family Court cum Additional District and Sessions Judge No.1, Kekri, District Ajmer on 14.05.2025. (ANIL KUMAR UPMAN),J MADAN/S-244