Allowed¶23

Gita v. C.Srikanth

Madras HC9 Jul 2025CRP/2840/2025

Case brief

AI extract

What is this about?

Waiver of six-month cooling period for mutual consent divorce; CRP under Article 227 Constitution of India; Madras High Court; P.B. Balaji J.; Gita v. C.Srikanth; HMOP.No.367 of 2025 Sub-Court Alandur; parties aged 62 and 59; no possibility of reconciliation; Amardeep Singh v. Harveen Kaur, Civil Appeal No.11158 of 2017 (SC, 12.09.2017); direction to dispose HMOP on or before 31.07.2025.

What did the court decide?

Waiver of the six-month cooling period directed; Sub-Court, Alandur ordered to dispose of HMOP.No.367 of 2025 on merits and in accordance with law on or before 31.07.2025. ¶23

Gita Vs C.Srikanth — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Waiver of the six-month cooling period directed; Sub-Court, Alandur ordered to dispose of HMOP.No.367 of 2025 on merits and in accordance with law on or before 31.07.2025.

¶23

Issue for consideration

Whether the six-month cooling period for disposal of the mutual-consent-divorce HMOP.No.367 of 2025 pending before the Sub-Court, Alandur, should be waived so that the HMOP can be taken up and disposed of on an earlier date.

¶16

Court's answer

Given the ages of the parties (62 and 59) and their clear statement on record that there is no possibility of reconciliation, the object of the six-month cooling period (enabling parties to settle disputes and see if there is any possibility of reunion) will not serve anybody's interest in the present case and would only prolong their agony.

¶21

Ratio / Principle

Relying on the Supreme Court's position in Amardeep Singh v. Harveen Kaur that courts may waive the six-month cooling period where circumstances warrant, this Court directed the Sub-Court, Alandur to waive the cooling period of six months and thereafter dispose of HMOP.No.367 of 2025 pending on its file, on merits and in accordance with law, on or before 31.07.2025.

¶23

Detailed headnote1 paragraphs

Madras High Court, CRP.No.2840 of 2025 (P.B. Balaji, J.; order dated 09.07.2025): Civil Revision Petition under Article 227 of the Constitution of India by the wife (Gita, aged 62) seeking waiver of the six-month cooling period so that HMOP.No.367 of 2025 (mutual consent divorce application moved with the husband/respondent C.Srikanth, aged 59) pending before the Sub-Court, Alandur, could be disposed of on an early date, the Sub-Court having not permitted the cooling period to be waived. Relying on the Hon'ble Supreme Court's holding in Amardeep Singh v. Harveen Kaur (Civil Appeal No.11158 of 2017, dated 12.09.2017) that courts have the power to waive the cooling period of six months if circumstances so warrant, and observing that the parties had clearly come on record stating there is no possibility of reconciliation, so the object of the cooling period would serve nobody's interest and would only prolong their agony, the Court directed the Sub-Court, Alandur to waive the cooling period of six months and dispose of HMOP.No.367 of 2025 on merits and in accordance with law on or before 31.07.2025. Order copy to be issued on 15.07.2025.

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 09.07.2025

¶3

CORAM

¶4

THE HONOURABLE MR JUSTICE P.B. BALAJI

CRP.No.2840 of 2025

Gita ... Petitioner

Vs.

C.Srikanth ... Respondent

¶9

Prayer: The Civil Revision Petition filed under Article 227 of Constitution of India, to fix an early date by waiving the cooling period of six months for the disposal of HMOP.No.367 of 2025 on the file of the Sub-Court, Alandur.

¶10

ORDER

¶11

The Civil Revision Petition has been filed to fix an early date by

¶12

waiving the cooling period of six months for the disposal of HMOP.No.367 of 2025 on the file of the Sub-Court, Alandur.

¶13

2.Heard the learned counsel for the petitioner.

¶14

1/4

¶15

https://www.mhc.tn.gov.in/judis

¶16

3.The petitioner is the wife, seeking a direction to the Sub-Court, Alandur, to waive the cooling period of six months for the disposal of HMOP.No.367 of 2025.

¶17

4.The learned counsel for the petitioner states that the petitioner and the respondent are aged 62 and 59 respectively and there is no possibility of any reconciliation and therefore, the petitioner and the respondent have moved an application for mutual consent divorce. However, the Sub-Court, Alandur, has not permitted the cooling period to be waived by taking up the HMOP by an earlier date and dispose of the same.

¶18

5.The Hon'ble Supreme Court in Amardeep Singh Vs. Harveen Kaur in Civil Appeal.No.11158 of 2017 dated 12.09.2017, has held that the Courts shall have power to waive the cooling period of six months, if the circumstances so warrant. In the present case, the petitioner and the respondent are aged 62 and 59 years respectively and they have clearly come on record stating that there is no possibility of any reconciliation. The cooling of period of six months is only to enable the parties to settle the

¶19

2/4

¶20

https://www.mhc.tn.gov.in/judis

¶21

disputes and see if there is any possibilities of renuion. However, considering the age of the parties, the said object of the cooling period is not going to serve anybody's interest, especially the interest of the petitioner and the respondent in the present case and it would only prolong their agony.

¶22

6.In view of the above, the Sub-Court, Alandur, shall waive the

¶23

cooling period of six months and subsequently, dispose of HMOP.No.367 of 2025 pending on its file, on merits and in accordance with law, on or before 31.07.2025.

¶24

09.07.2025

¶25

ata Index:Yes/No Speaking/Non-speaking order Internet:Yes

¶26

Note: Issue order copy on 15.07.2025.

¶27

¶28

The Sub-Court, Alandur.

¶29

3/4

¶30