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CDJ 2026 MHC 7032 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : C.R.P. No. 6238 of 2025
Judges: THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Parties : Pidintala Navneet Kumar Reddy Versus Kathyayini Reddy
Appearing Advocates : For the Petitioner: P.R. Raman, Senior Counsel, R. Anupam Raghuraman, Advocate. For the Respondent: B. Poongkhulali, Advocate.
Date of Judgment : 25-09-2026
Head Note :-
Constitution of India - Article 227 -
Judgment :-

(Prayer: Petition filed under Article 227 of the Constitution of India, challenging the pendency of the petition filed under Section 151 of CPC for waiving the statutory cooling-off period of six months under Section 13B(2) of the Hindu Marriage Act, 1955 in IA Sr. No.5132 of 2026 dated 28.08.2026 in H.M.O.P.No.588 of 2026 on the file of the learned Subordinate Judge at Alandur, Chengalpattu District.)

1. This civil revision petition has been filed under Article 227 of the Constitution of India, for a direction to the Sub Judge, Alandur, to consider the Interlocutory Application that has been filed to waive the mandatory cooling-off period and to act upon the petition filed in H.M.O.P.No.588 of 2026 that has been filed for dissolution of marriage by mutual consent.

2. The petitioner was married to the respondent on 02.11.2011. They had one male child born in the year 2015. Differences arose between the parties and as a result, proceedings were initiated for dissolution of marriage both by the petitioner as well as the respondent. The petitioner had initiated proceedings at Karnataka and the respondent had initiated proceedings at Chennai. The same resulted in filing a transfer petition before the Apex Court and the Apex Court, vide the order dated 20.07.2023, transferred the petition pending at Karnataka to the file of the Sub Judge, Alandur, where, the petition filed by the respondent/wife was pending.

3. In the meantime, the focus of the dispute was shifted to the minor child and O.P.No.405 of 2022 was filed before this Court. As a result of all these events, the relationship between the parties became even more strained and there was an irretrievable breakdown of marriage. In view of the above, the parties decided to resolve the dispute amicably by dissolving the marriage by mutual consent and also agreed upon the custody and visitation rights of the minor son.

4. The parties filed H.M.O.P.No.588 of 2026 before the Sub Court, Alandur, seeking dissolution of marriage by mutual consent. The Interlocutory Application was also filed to waive the cooling-off period of six months as provided under Section 13B(2) of the Hindu Marriage Act, 1955.

5. The grievance of the parties is that this application was not acted upon and it was kept pending. It is under these circumstances, the present civil revision petition was moved before this Court.

6. At the time of hearing, the petitioner was present through video-conferrencing mode and the respondent was present in-person. Their respective counsel were also present at the time of hearing.

7. In the considered view of this Court, the parties have been agitating the dispute from the year 2022 onwards and ultimately, they were able to reach an amicable settlement and this is a fit case where the cooling-off period of six months could be waived. The peition filed in H.M.O.P.No.588 of 2026 contains the terms and conditions agreed upon by the parties. One of the Clauses provides for the payment of permanent alimony and maintenance to the wife by way of Demand Draft.

8. It is brought to the notice of this Court that the Demand Draft has been handed-over to the wife who was present in the Court. The parties have also exchanged all their valuables and insofar as the custody and visitation arrangements with respect to the minor child is concerned, the parties have agreed that it will be governed by the arrangements provided in the judgment passed in O.P.No.405 of 2022 dated 23.06.2025.

9. In light of the above, the marrige solemnized between the petitioner and the respondent on 02.11.2011 is dissolved by mutual consent. There shall be a direction to the Sub Court, Alandur, Chengalpattu District, to pass an independent decree in H.M.O.P.No.588 of 2026 in line with the order passed in this civil revision petition within a period of two weeks from the date of receipt of a copy of this order.

10. There shall be a further direction to the Sub Court, Alandur, to close the H.M.O.P.Nos.551 of 2022 and 610 of 2023 within a period of two weeks from the date of receipt of a copy of this order.

11. This civil revision petition is disposed of in the above terms. No costs.
 
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