501-WP-11943-2026(C).doc Shubhada S Kadam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11943 OF 2026 Prashant Harishchandran Kadam and anr. ...Petitioner/s Versus The State of Maharashtra ...Respondent/s _________________________________________________________________ Mr. Mayur Salunke, Advocate for Petitioner No.1. Mr. Xavier Fernando, Advocate for Petitioner No.2 _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 7th SEPTEMBER, 2026. P.C. : 1. The challenge in this petition is to the impugned order dated 12th August 2026, passed below Exhibit 8 in Petition F/394/2026 by the learned Judge, Family Court No.6, Pune, whereby the learned Judge rejected the application for waiver of the cooling-off period for grant of divorce by mutual consent. 2. While passing the order, the learned Judge rejected the application on the ground that certain financial settlements between the parties had not been arrived at. 3. In my view, if both parties seek divorce by mutual consent and petitioner No. 2 is not raising any dispute with regard to the financial settlement, the learned Judge ought not to have raised such an issue and rejected the application on that ground. SHUBHADA SHANKAR KADAM Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.09.09 11:13:05 +0530 501-WP-11943-2026(C).doc Shubhada S Kadam 4. In view of the above, I pass following order: O R D E R a) The petition is allowed. b) The impugned order dated 12th August 2026 passed below Exhibit-8 in Petition F/1394/2026 by the learned Judge, Family Court No.6, Pune, is quashed and set aside. c) The matter is remanded back to the learned Judge for deciding the application for divorce by mutual consent. d) The period of six months is waived. e) The learned Judge shall decide the said application on its own merits as early as possible. The petition is disposed of in above terms. (SHIVKUMAR DIGE, J.)