HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6192 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Amit Srivastava, the learned counsel for the petitioners. 2. By means of the instant petition, the petitioners have sought issuance of a direction to the Principal Judge, Family Court, Ayodhya to waive off the statutory six-month cooling-off period prescribed under Section 13-B of the Hindu Marriage Act, 1955 to decide the mutual consent divorce petition No.763 of 2025 titled Sharad Kumar Maurya v. Mamta Maurya, expeditiously. 3. The petitioners have filed the aforesaid suit for divorce by mutual consent on 04.09.2025 and the Family Court fixed the suit for disposal on 31.03.2026. On 19.09.2025, the petitioners filed an application before the Family Court stating that they want expeditious disposal of their suit and, therefore, the date fixed for 31.03.2026 be changed and some early date may be fixed. The Family Court ordered the application to be put up on the date fixed. 4. Section 13-B of the Hindu Marriage Act, 1955 provides as follows:- "13B:- Divorce by Mutual Consent. (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree." 5. Learned counsel for the petitioners has relied upon a judgment of the Hon'ble Versus Counsel for Petitioner(s) : Amit Srivastava Counsel for Respondent(s) : Sharad Kumar Maurya And Another .....Petitioner(s) Prin. Judge Family Court Ayodhya .....Respondent(s) Supreme Court in case of Amardeep Singh v. Harveen Kaur; AIR 2017 Supreme Court 4417 wherein the Hon'ble Supreme Court has held that the cooling-off period of six months provided under Section 13B(2) of the Hindu Marriage Act, 1955 is not mandatory and where the Court dealing with the matter is satisfied that a case is made out to waive the statutory period under Section 13-B(2), it can do so by considering the following :- "i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(2) of separation of parties is already over before the first motion itself; ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/ Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; iv) the waiting period will only prolong their agony." 6. In the present case, the petitioners have filed an application for early disposal of the suit wherein they have merely stated that they want an early disposal of the suit. They have not made out any case for relaxation of the minimum statutory cooling-off period of six months. As the petitioners failed to make out a case for relaxation of the minimum statutory cooling-off period of six months, this Court finds no good ground to interfere in this petition which is dismissed accordingly. October 30, 2025 -Amit K- A227 No. 6192 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench