IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 92 of 2022 ========================================================== SHUKAL KARNAVI D/O BHARGAVNATH GIRINDRANATH Versus PUROHIT PARTH BHADRESHKUMAR ========================================================== Appearance: MUHAMMADYUSUF M KHARADI(9509) for the Appellant(s) No. 1 MR ADNAN A KHAN(12119) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 12/02/2026 ORAL ORDER 1. The present Second Appeal is preferred under Section 100 of the Code of Civil Procedure, 1908 (“the Code” for short). A joint request was made by learned advocates for both the parties to the dispute by way of R.C.S.No.32 of 2018 to declare the divorce between the parties whose marriage was solemnized on 21.11.2016 on the ground that they have executed one Divorce Deed. The learned trial Court as well as learned appellate Court did not believe that divorce in Brahmin community to which the plaintiff and defendant are belonging is permitted through Divorce Deed. 2. At the outset, learned advocate Mr.M.M.Kharadi appearing for the appellant and learned advocate Mr.Adnan A.Khan appearing for the respondent have agreed to the p. 2 proposal that both the parties who have divorced each other on executing the Divorce Deed shall file appropriate proceedings under section 13(b) of the Hindu Marriage Act for seeking divorce on mutual consent before the concerned Family Court within a period of four weeks from today. Learned advocates for both the sides submit that since more than sufficient time has been elapsed between the parties and did not yield any fruitful result between the parties, there would not be any reason to wait for cooling period to pass the divorce decree on mutual consent. 3. This Court is fully agreed on the submissions canvassed by learned counsel for both the sides as parties litigating for getting divorce for which otherwise they are agreed since 2018. 4. In view of the above, the appeal is disposed of as not pressed. As requested by learned advocates for both the parties permitting both the parties to file a petition under Section 13(b) of the Hindu Marriage Act seeking divorce by mutual consent before the concerned Family Court. The cooling period which deserves to be observed though not mandatory is hereby waived. It is further clarified that learned Family Court in a petition for divorce on mutual consent shall not insist for observing cooling period and proceed further in accordance with law to accept the request p. 3 of the parties to grant divorce on mutual consent. Direct service is permitted. (J. C. DOSHI,J) H.M. PATHAN