Neutral Citation No. - 2025:AHC:66356 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3292 of 2025 Petitioner :- Priyansh Jain Respondent :- Akshita Jain Alias Akshita Gupta Counsel for Petitioner :- Ashish Kumar Singh,Birendra Kumar Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the parties and perused the material on record. The petitioner before this Court was married to opposite party according to Hindu Rites and Customs. It appears that matrimonial dispute having been arisen between the parties which led to filing of a petition under Section 13-B of Hindu Marriage Act for decree of divorce by consent. The petition was moved on 28.02.2025 and on the same day, an application was moved for waiving off cooling period. The Court below on 01.03.2025 has rejected the application for waiving off cooling period on the ground that application does not disclose any ground for waiving off cooling period. The application moved by the parties on 28.02.2025 for waiving off cooling period is as under:- "Petitioner most respectfully showeth:- 1) that the above mentioned application/petition has been filed by the parties before this Hon'ble Court. 2) that the marriage between the parties are are irretrievably breakdown & there is no chance of mediation as well to compromise between the parties. 3) that in the above mentioned situation & direction prescribed by Hon'ble Supreme Court of India to waive off the cooling period, it is required in the interest of justice to waive off the cooling period. Prayer Hence it is most respectfully prayed before this Hon'ble Court that kindly waive off the cooling period & grant divorce to the parties concerned so that justice may done. Date 28/02/2025" From perusal of the same, it is clear that no reasons have been assigned for waiving off cooling period, as mandated by Hon'ble Apex Court in case of Amardeep Singh vs. Harveen Kaur (2017) 8 SCC 746. Relevant paragraph 19 is extracted hereas under:- "19. Applying the above to the present situation, we are of the view that where the court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13-B(2), it can do so after considering the following: (i) the statutory period of six months specified in Section 13-B(2), in addition to the statutory period of one year under Section 13-B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for mediation/conciliation including efforts in terms of Order 32-A 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. The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the court concerned. 20. Since we are of the view that the 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." In view of the said facts, no interference is required in the order dated 01.03.2023 passed by the Court below. Accordingly, writ petition stands dismissed. Order Date :- 29.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad