Disposed

Rohit Shukla v. Court of Learned Addl. Principal Judge-Vi,Family Court,Lko. and Another

Allahabad HC29 Aug 2024A227/4086/2024

Case brief

AI extract

What is this about?

Petitioner sought under Article 227 a direction to the Family Court at Lucknow to expeditiously decide a joint application waiving the six-month cooling period for mutual consent divorce. Relying on Amardeep Singh, the court dispensed with notice and directed the Family Court to pass orders.

What did the court decide?

Issued a direction to the Family Court to pass orders on the joint application for waiving the cooling period expeditiously.

Rohit Shukla vs Court of Learned Addl. Principal… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58908

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4086 of 2024

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Petitioner :- Rohit Shukla

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Respondent :- Court Of Learned Addl. Principal JudgeVi,Family Court,Lko. And Another Counsel for Petitioner :- Anand Kumar Sharma,Vaibhav Sharma

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Vaibhav Sharma, the learned counsel for the petitioner.

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By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Additional Principal Judge, VI, Family Court, Lucknow to decide the joint application submitted by the petitioner and the respondent for waiving off the mandatory cooling period of six months as provided under Section 13-B(2) of the Hindu Marriage Act, 1955 and to decide the Matrimonial Case No. 1987 of 2024, filed under the aforesaid provision, expeditiously.

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Keeping in view the nature of the relief sought and order proposed to be passed in the petition, issuance of notice to the private opposite party is dispensed with.

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The parties have jointly filed the petition under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of their marriage by mutual consent on 30.05.2024. On the same date, the parties jointly filed an application for waiving off the cooling period. Without passing any order on the said application, the Family Court has fixed next date as 02.12.2024 in the suit.

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Learned counsel for the petitioner has placed reliance upon the decision of the Hon'ble Supreme Court in the case of Amardeep Singh versus Harveen Kaur, (2017) 8 SCC 746 , wherein, the Hon'ble Supreme Court has held that where the court is satisfied that a case is made out to waive the statutory period under Section 13-B(2), it can do so after considering the following:-

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(i) the statutory period of six months specified in Section 13-B(2), in addition to the statutory period of one year under Section 13-B(1) of separation of parties is already over before the first motion itself;

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(ii) all efforts for mediation/conciliation including efforts in terms of Order 32-A Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that

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direction by any further efforts;

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(iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;

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(iv) the waiting period will only prolong their agony.

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Accordingly, the instant petition is disposed of by issuing a direction to the Family Court to pass appropriate orders on the joint application filed by the parties for waiving off the cooling period, keeping in view the law laid down by the Hon'ble Supreme Court in the case of Amardeep Singh (supra) , expeditiously.

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Order Date :- 29.8.2024 DiVYa

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(Subhash Vidyarthi,J)

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rohit Shukla v. Court of Learned Addl. Principal Judge-Vi,Family Court,Lko. and Another

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Rohit Shukla v. Court of Learned Addl. Principal Judge-Vi,Family Court,Lko. and Another

Case brief

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