Dismissed¶¶10

Shishir Singh v. Dr. Richa Singh

Allahabad HC15 May 2025NA528/388/2025

Case brief

AI extract

What is this about?

Waiver of statutory six-month cooling-off period Section 13B(2) Hindu Marriage Act 1955; mutual consent divorce expediting application; premature application after 2-3 months; dismissed as not pressed with liberty to file afresh; Section 482 Cr.P.C. / 528 BNSS application before Allahabad High Court Lucknow Bench; Principal Judge Family Court Lucknow; Shishir Singh v. Dr. Richa Singh; Manish Kumar J.; 15.5.2025; 2025:AHC-LKO:28531; certified copy returned by Office.

What did the court decide?

Application dismissed as not pressed with liberty to file afresh at appropriate stage. ¶¶10

Shishir Singh Vs Dr. Richa Singh — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as not pressed with liberty to file afresh at appropriate stage.

¶¶10

Issue for consideration

Whether the statutory six-month cooling-off period prescribed under Section 13B(2) of the Hindu Marriage Act, 1955 should be waived and the mutual consent divorce petition finalized at the earliest. +1 more

¶¶7

Ratio / Principle

The application under Section 482 Cr.P.C./528 BNSS was dismissed as not pressed, with liberty to file afresh at appropriate stage, as prayed by counsel following the applicant's stated intention to withdraw.

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Key takeaways

The court recorded that only about 2-3 months had passed since the filing of the underlying Section 13(B)(2) case and described the present application as pre-mature, not maintainable and liable to be dismissed; however, the operative disposition was dismissal as not pressed, so whether this constitutes a decided finding on maintainability is unclear.¶¶8
Office was directed to return the certified copy of the order to the applicant after retaining the photocopy of the same on record.obiter¶¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Manish Kumar, J.), Neutral Citation 2025:AHC-LKO:28531, Order dated 15.5.2025 in Application U/S 528 BNSS No. 388 of 2025 (Shishir Singh, Applicant v. Dr. Richa Singh, Opposite Party). The applicant had moved the court under Section 482 Cr.P.C./528 BNSS seeking waiver of the statutory six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act, 1955 and early finalization of a mutual consent divorce petition filed on 10/03/2025 under Section 13(B)(2), pending before the Principal Judge, Family Court, Lucknow. Noting that only about 2-3 months had passed and the application appeared pre-mature and not maintainable, and upon learned counsel submitting that the applicant wished to withdraw, the court dismissed the application as not pressed with liberty to file afresh at appropriate stage, and directed Office to return the certified copy of the order after retaining a photocopy on record.

Shishir Singh v. Dr. Richa Singh

Case brief

What is this about?

What did the court decide?

Shishir Singh v. Dr. Richa Singh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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