The High Court dismissed the writ petition. The court directed the Family Court Bulandshahar to decide the waiver of divorce cooling period application expeditiously within three months, citing case law.
Directed the Principal Judge, Family Court Bulandshahar to decide the matter expeditiously within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 722 of 2021
Petitioner :- Roopali Gupta Respondent :- Shagun Bansal Counsel for Petitioner :- Pradeep Kumar Bhardwaj
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
The petitioner has preferred the present petition with the prayer to set aside the order dated 17.12.2020 and 11.12.2021 passed by Principal Judge, Family Court Bulandshahar. By the aforesaid orders, the application for exemption of cooling period was rejected.
It is argued by learned counsel for the petitioner that the marriage was solemnized between the petitioner and respondent on 01.12.2014 according to Hindu Rituals and Rights. It is argued that behaviors of both the sides are not good to each other, therefore dispute took place between them, therefore, the husband and wife are living separately since 01.01.2016. It is argued that an application for divorce under Section 13(b) of Hindu Marriage Act with mutual consent which is registered as Divorce Petition No.1402 of 2020. It is argued that on 17.12.2020, an application for waiving the cooling period of six months has been filed, the same was rejected by the Principal Judge, Family Court on the same day, i.e., 17.12.2020. Thereafter on 11.01.2021 again an application for the same cause has been filed and Principal Judge, Family Court Bulandshahar again rejected the application on the very same day, i.e., 11.01.2021.Hence this petition.
Heard learned counsel for the petitioner and perused the record.
In the facts and circumstances of the case but without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Principal Judge, Family Court Bulandshahar to decide the entire matter most expeditiously and preferably within a period of three months from the date of production of a self attested computer generated copy of this order downloaded from the official website of High Court Allahabad in view of the law laid down by Apex Court in the case of Amardeep Singh Vs. Harveen Kaur reported in 2017 SC 4417
Order Date :- 12.2.2021 saqlain
1 issue framed by the court
Whether the family court can expedite the decision on waiving the cooling period in a mutual consent divorce case under Article 227.
Colour shows how this judgement treated each authority
Amardeep Singh Vs. Harveen KaurReferred¶9
Amardeep Singh Vs. Harveen Kaur reported in 2017 SC 4417
2 provisions across 2 enactments
Roopali Gupta
Shagun Bansal
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
