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N.E.Ganga v. D.Prasanna

Madras HC25 Apr 2025CRP(MD)/1332/2025

Case brief

AI extract

What is this about?

Waiver of 6-month cooling-off period for divorce by mutual consent; Section 13(B) mutual consent divorce; irretrievable breakdown of marriage; reconciliation efforts through friends and elders futile; conditions in 2017 (8) SCC 746 satisfied; Article 227 civil revision petition; Family Court Madurai; H.M.O.P.No.302 of 2025; I.A.No.1 of 2025; impugned dismissal order set aside; compliance deadline 30.06.2025.

What did the court decide?

Civil Revision Petition allowed without costs; impugned order of the Family Court dismissing the cooling-off waiver application (I.A.No.1 of 2025 in H.M.O.P.No.302 of 2025) set aside; Family Court, Madurai directed to pass orders in H.M.O.P.No.302 of 2025 on or before 30.06.2025. ¶25

N.E.Ganga Vs D.Prasanna — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 6-month cooling-off period for divorce by mutual consent could be waived, notwithstanding the Family Court's finding that the conditions laid down by the Hon'ble Supreme Court had not been satisfied.

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Ratio / Principle

On a perusal of the divorce petition, all conditions enumerated by the Hon'ble Supreme Court in its judgment reported in 2017 (8) SCC 746 for waiving the cooling-off period stand satisfied, the spouses being educated, one having worked abroad, reconciliation efforts through friends and elders having failed, and the marriage having irretrievably broken down.

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Key takeaways

The order of the Family Court, Madurai dismissing I.A.No.1 of 2025 (waiver of the cooling-off period) is set aside.ratio¶22
The Family Court, Madurai is directed to pass orders in H.M.O.P.No.302 of 2025 on or before 30.06.2025.ratio¶23

Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of the Constitution by the husband-petitioner in H.M.O.P.No.302 of 2025 (Family Court, Madurai) challenging the dismissal of I.A.No.1 of 2025, whereby the couple sought waiver of the 6-month cooling-off period for divorce by mutual consent under Section 13(B). The parties married on 06.04.2022, lived separately from 19.10.2023, and filed their mutual-consent divorce petition on 03.01.2025 together with the waiver application. The Family Court dismissed the waiver application on the ground that no effective steps for mediation and reconciliation had been taken and the conditions laid down by the Hon'ble Supreme Court were unmet. The High Court, noting that both spouses are educated, one was working abroad, reconciliation efforts through friends and elders had proved futile, and the marriage had irretrievably broken down, held that all conditions enumerated in the Supreme Court judgment reported in 2017 (8) SCC 746 stood satisfied, set aside the impugned order, and directed the Family Court to pass orders in H.M.O.P.No.302 of 2025 on or before 30.06.2025. Revision petition allowed without costs.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 25.04.2025

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CORAM

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THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR

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C.R.P.(PD)(MD)No.1332 of 2025

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N.E.Ganga ...Appellant/Petitioner/Petitioner

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D.Prasanna Acting through his power agent Mr.Dayalan (Petitioner's father)

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....Respondent/Respondent

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to allow this Civil Revision Petition and set aside the Impugned fair and decretal order of I.A.No.1 of 2025 in H.M.O.P.No.302 of 2025 passed by Family Court, Madurai.

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ORDER

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The petitioner in H.M.O.P.No.302 of 2025, on the file of the Family

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Court, Madurai, has filed the present revision petition challenging the dismissal of an application filed in I.A.No.1 of 2025, wherein the couple have prayed for waiving the cooling-off period for 6 months for divorce by mutual consent.

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

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2.The couple have got married on 06.04.2022, and it is averred that they are living separately from 19.10.2023, onwards. The application seeking divorce by mutual consent has been filed on 03.01.2025. Along with the application, couple have filed I.A.No.1 of 2025, seeking to waive the cooling-off period of 6 months. This application came to be dismissed on the ground that the parties have not taken any effective steps for Mediation and reconciliation and in such circumstances, the conditions stated by the Hon'ble Supreme Court are not satisfied. Challenging the same, the present revision petition has been filed.

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3.According to the learned Counsel appearing for the revision petitioner, difference of opinion arose immediately after marriage and all efforts were taken to reconcile and resume the marital relationship. Therefore, the marriage has irretrievably broken down and there is a possibility of further deterioration in the relationship of the parties. Based upon the above said averments, the application has been filed under Section 13(B), seeking mutual consent.

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4.A perusal of the divorce petition clearly reveals that the petitioner and

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the respondent are educated persons and one of the petitioners was working

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

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abroad and all efforts have been made through friends and elders for reconciliation and those efforts have been rendered in futility. They have also averred that there is irretrievably breakdown of the marriage. In such circumstances, this Court is of the considered opinion that all the conditions enumerated by the Hon'ble Supreme Court in a judgment reported in 2017 (8) SCC 746 , have been satisfied and the order impugned in the present revision petition is hereby set aside.

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5.The Family Court, Madurai, is directed to pass orders in H.M.O.P.No. 302 of 2025, on or before 30.06.2025.

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6.With the above said observations, this Civil Revision Petition stands

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allowed. No costs.

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25.04.2025

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Internet:Yes/No Index:Yes/No RJR

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