Allowed¶25

Sibichakaravarthy v. Nill

Madras HC12 Feb 2025CRP(MD)/400/2025

Case brief

AI extract

What is this about?

Waiver of six-month cooling period Section 13B(2) Hindu Marriage Act; divorce by mutual consent; cooling period already expired; Article 227 revision; C.R.P(MD)No.400 of 2025; R.Vijayakumar J.; Madurai Bench of Madras High Court; Sub Court Kovilpatti; H.M.O.P.No.297 of 2024; I.A.No.2 of 2025 set aside; direction to decide mutual consent divorce by 20.02.2025.

What did the court decide?

Order dated 01.02.2025 in I.A.No.2 of 2025 set aside; Sub Court, Kovilpatti directed to pass orders in H.M.O.P.No.297 of 2024 on or before 20.02.2025; Civil Revision Petition disposed of with no costs. ¶25

Sibichakaravarthy Vs Nill — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the Sub Court, Kovilpatti rightly dismissed I.A.No.2 of 2025 seeking waiver of the six-month cooling period under Section 13(B)(2) of the Hindu Marriage Act, when the cooling-off period had already expired by December 2024.

¶19

Court's answer

Since the H.M.O.P was filed on 03.06.2024 and the cooling-off period had already expired in December 2024, the Sub Court ought to have proceeded to pass orders on the mutual consent divorce application instead of passing an order on 01.02.2025 rejecting the application to waive the cooling-off period.

¶19

Ratio / Principle

The order passed in I.A.No.2 of 2025 is set aside and the Sub Court, Kovilpatti is directed to pass orders in H.M.O.P.No.297 of 2024 on or before 20.02.2025; with this direction the Civil Revision Petition stands disposed of with no costs.

¶25

Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of the Constitution of India against dismissal of an application under Section 13(B)(2) of the Hindu Marriage Act seeking waiver of the six-month cooling period for divorce by mutual consent. The couple married on 20.08.2023 filed H.M.O.P.No.297 of 2024 on 03.06.2024 before the Sub Court, Kovilpatti; pending the H.M.O.P they filed I.A.No.2 of 2025 for waiver of the cooling period, which was dismissed on 01.02.2025 for want of valid reasons. Holding that the cooling-off period had already expired in December 2024 and the Sub Court ought to have proceeded to decide the mutual consent divorce application instead of rejecting the waiver application, the Madras High Court (Madurai Bench) set aside the order in I.A.No.2 of 2025 and directed the Sub Court, Kovilpatti to pass orders in H.M.O.P.No.297 of 2024 on or before 20.02.2025. Revision petition disposed of without costs.

¶1

C.R.P(MD)No.400 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 12.02.2025

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

¶6

C.R.P(MD)No.400 of 2025

¶7

1.Sibichakaravarthy

¶8

2.Subanalakshmi ... Petitioners/Petitioners Vs.

¶9

Nil ... Respondent/ Respondent

¶10

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records and set aside the judgment and decree in I.A.No.2 of 2025 in H.M.O.P.No.297 of 2024 on the file of Subordinate Court, Kovilpatti, dated 01.02.2025.

¶11

For Petitioners : Mr.V.Jawahar Srinath

¶12

ORDER

¶13

The couple who were the petitioners in H.M.O.P.No.297 of 2024 on the file of Sub Court, Kovilpatti have filed the above revision petition challenging the dismissal of their application filed under Section 13 (B) (2) of the Hindu Marriage Act.

¶14

1/4

¶15

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

¶16

C.R.P(MD)No.400 of 2025

¶17

A perusal of the petition in H.M.O.P.No.297 of 2024 reveals that they got married on 20.08.2023 and due to matrimonial dispute, they had filed the above said H.M.O.P on 03.06.2024.

¶18

Pending H.M.O.P, the couple have filed I.A.No.2 of 2025 seeking to waive the cooling period of six months. This application has been dismissed by the Sub Court, Kovilpatti on the ground that no valid reasons have been assigned for granting waiver of such a cooling period.

¶19

A perusal of the records reveal that the H.M.O.P was filed on 03.06.2024 and the cooling off period has already expired in December 2024. In such circumstances, the Court ought to have proceeded to pass orders in the mutual consent divorce application on the ground that already cooling off period has expired. Instead the Court has proceeded to pass an order on 01.02.2025 rejecting the application to waive the cooling off period.

¶20

2/4

¶21

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

¶22

C.R.P(MD)No.400 of 2025

¶23