Amit Kumar v. Smt. Shivani Singh

Allahabad HC8 Sept 2025A227/10126/2025

Case brief

AI extract

What is this about?

Cooling off period; Section 13-B Hindu Marriage Act; rejection of cooling-off application; Article 227 writ petition; amicable settlement of spouses; intention to remarry after divorce; supplementary affidavit lacking specific details; liberty to file fresh application before concerned authority; disposed without findings on merits; order dated 24.7.2025; decided September 9, 2025; Allahabad High Court; Manish Kumar Nigam; Amit Kumar v. Smt. Shivani Singh.

What did the court decide?

Liberty to the petitioner to move a fresh application before the concerned authority; any such application shall be considered and decided in accordance with law. No finding recorded on the merits of the case. ¶¶15

Amit Kumar Vs Smt. Shivani Singh — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Article 227 writ petition challenging the order dated 24.7.2025 (rejection of the application for cooling off period in proceedings under Section 13-B of the Hindu Marriage Act) should result in any remedy or reconsideration. +1 more

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Court's answer

The writ petition stands disposed of with liberty to the petitioner to move a fresh application before the concerned authority.

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Ratio / Principle

The prayer made cannot be considered at this stage, because the fact of the parties' amicable settlement and intention to remarry has not been brought to the knowledge of the Trial Court and even the supplementary affidavit contains no specific details.

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Key takeaways

In case a fresh application is filed, the same shall be considered and decided in accordance with law.ratio¶¶15
It is made clear that this Court has not recorded any finding on the merits of the case.ratio¶¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Manish Kumar Nigam, J.), MATTERS UNDER ARTICLE 227 No. - 10126 of 2025, decided 9 September 2025. Writ petition challenging the order dated 24.7.2025 by which the application for cooling off period in proceedings under Section 13-B of the Hindu Marriage Act had been rejected. Counsel for the petitioner submitted that both parties had amicably settled their dispute and intended to marry again after the divorce. The Court observed that this fact had not been brought to the knowledge of the Trial Court and that even the supplementary affidavit filed that day contained no specific details, so the prayer could not be considered at that stage. On counsel praying for leave to move a fresh application, the writ petition stood disposed of with liberty to the petitioner to move a fresh application before the concerned authority, to be considered and decided in accordance with law; the Court expressly recorded no finding on the merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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MATTERS UNDER ARTICLE 227 No. - 10126 of 2025

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Amit Kumar	Versus	.....Petitioner(s)
Smt. Shivani Singh		.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)		: Padmaker Pandey :

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Court No. - 9

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HON'BLE MANISH KUMAR NIGAM, J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the parties and perused the record.

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This writ petition has been filed challenging the order dated 24.7.2025 by which application for cooling off period in proceedings under Section 13-B of the Hindu Marriage Act has been rejected.

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Learned counsel for the petitioner submitted that both the parties have amicably settled their dispute and admittedly, they intend to marry again after the divorce.

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This fact has not been brought to the knowledge of the Trial Court, therefore, the prayer made cannot be considered at this stage and even in the supplementary affidavit, no specific details have been given.

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