IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 OP (FC) NO. 190 OF 2025 AGAINST THE ORDER DATED 28.01.2025 IN IA 4/2025 IN OP NO.26 OF 2025 OF FAMILY COURT, MUVATTUPUZHA PETITIONERS/PETITIONERS: 1 NIBA FARHATH, AGED 25 YEARS, D/O. LATE MOHAMMED SHAFI, KARIKUNNATH HOUSE, PERINGALA P.O, KUNNATHUNADU TALUK, ERNAKULAM, PIN- REPRESENTED BY POWER OF ATTORNEY HOLDER MRS. NISHA SHAFI, AGED 50 YEARS W/O. LATE MOHAMMED SHAFI, KARIKUNNATH HOUSE, PERINGALA P.O., KUNNATHUNADU TALUK, ERNAKULAM, PIN-682 565. 2 MUHAMMED FAZIL, AGED 27 YEARS S/O. NISSAR P.A, PUTHUKKADAN HOUSE, RAYONPURAM P.O, VALLOM, ERNAKULAM, PIN - 683543 M.A.VAHEEDA BABU BABU KARUKAPADATH ARYA RAGHUNATH KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M. HASHIM K.M. ABUASIL A.K. HANIYA NAFIZA V.S. M.I.INSAF MOOPPAN RISHI VINCENT P.K.ABDUL RAHIMAN MANU KRISHNA S.K. RESPONDENT: NIL NIL 2025:KER:27518 OP (FC) NO. 190 OF 2025 2 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27518 OP (FC) NO. 190 OF 2025 3 JUDGMENT Devan Ramachandran , J. The petitioners challenge Ext.P3 order of the learned Family Court, Muvattupuzha, which dismissed IA No.4/2025 in O.P No.26/2025. 2. Interestingly, the petitioners are husband and wife and they filed an application for divorce through mutual consent, invoking Section 20 of the Special Marriage Act. Along with the said Original Petition, they filed the above-mentioned application, seeking that the statutory “cooling off” period be waived, which has now been rejected through Ext.P3. 3. Smt.P.Lakshmi – appearing for the petitioners, argued that Ext.P3 is in error because, the learned Family Court has omitted to notice that every chance of reunion between her clients has failed, as also attempts at reconciliation and mediation. She took our attention to the averments in paragraph 4 of Ext.P2 in substantiation; and thus prayed that Ext.P3 be set aside. She cited Amardeep Singh v. Harveen Kaur [(2017) 4 KLT 367 (SC)] to contend that, in such circumstances, it is open to this Court to allow the interim application, so as to enable the parties to move on with their lives. 2025:KER:27518 OP (FC) NO. 190 OF 2025 4 4. We are afraid that we cannot find favour with the above submissions at this stage because, it is well settled in Amardeep Singh (supra) that, before any Court can take a decision on waiving off the statutory “cooling off” period, every attempt at mediation/conciliation, including efforts in terms of Order XXXIIA Rule 3 of the Code of Civil Procedure (CPC), as also Section 23(2) of the Special Marriage Act, ought to be attempted and exhausted. There is no whisper, even in this Original Petition, as to whether this has been done, nor are we able to discern it from the impugned order. We can only, therefore, assume that there was no such effort, though it is true that the parties have averred in paragraph 4 of Ext.P2 that “attempts were made us” (sic), but which failed. 5. It is thus obvious that we cannot find fault with Ext.P3 order; though, going by the averments on record, the parties may be justified in seeking that the “cooling off” period be waived. However, this can be done only if the statutorily mandated processes are properly applied. In the afore circumstances, we dismiss this Original Petition, confirming Ext.P3; however, directing the learned Family Court to ensure that methods of conciliation under the 2025:KER:27518 OP (FC) NO. 190 OF 2025 5 statutory scheme between the parties are attempted at the earliest; and if it is then established to fail, then take a decision on any fresh application to be filed by the parties – for which we reserve them liberty as per law - without being guided by its view in the impugned order. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu 2025:KER:27518 OP (FC) NO. 190 OF 2025 6 APPENDIX OF OP (FC) 190/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF OP NO. 26 OF 2025 DATED 13/01/2025 FILED BY THE PETITIONERS FOR DIVORCE ON MUTUAL CONSENT UNDER SECTION 28 OF THE ACT BEFORE THE HON’BLE FAMILY COURT, MUVATTUPUZHA Exhibit P2 A TRUE COPY OF I.A. NO. 4 OF 2025 FILED BY THE PETITIONERS TO DISPENSE WITH AND WAIVE THE WAITING PERIOD OF 6 MONTHS OR MORE CONTEMPLATED UNDER SECTION 28 (2) OF THE SPECIAL MARRIAGE ACT, 1954 Exhibit P3 A TRUE COPY OF ORDER DATED 28/01/2025 IN I.A. NO. 4/2025 IN O.P. NO. 26/2025 OF THE HON’BLE FAMILY COURT, MUVATTUPUZHA DECLINING TO DISPENSE WITH/ WAIVE 6 MONTHS PERIOD