The Allahabad High Court in the case Eti Tyagi vs. Prince Tyagi observed and has recently waived off the cooling-off for a married couple as it has mutually been filed by them for dissolution of marriage as stated under Section 13-B of Hindu Marriage Act, after entering a Memorandum of Understanding amicably.
The bench comprising of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla in the case observed and has stated that this court may note that legitimacy or otherwise of an MOU arrived at between the parties out of their free will is not open to judicial scrutiny except on the ground of fraud and the very idea of settlement through the mediation or amicable means runs and progresses through the realm of this philosophy.
It has also been stated by the said court that the substantive right of the two parties that settle their conflict amicably must not be interfered with citing procedure.
Facts of the Case:
The Appellant, Eti Tyagi, and the Respondent, Prince Tyagi, had filed for dissolution of marriage as stated under Section 13-B of Hindu Marriage Act due to irretrievable breakdown of marriage and since the said parties had been living separately for more than a year, thus, an application for waiver of the cooling-off period was also filed before the court.
The Family court observed and has rejected the said application based on the bar under Section 13-B of the Act.
Further, the court in the case observed and has waived the cooling-off period and directed that proceedings under Section 13-B of the Act be finalized within the period of two weeks from date of filing of the certified copy of the said order.
