Anurag Gaur v. Smt.Sonu Sharma Alias Sonu Gaur

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12716 of 2023 Petitioner :- Anurag Gaur Respondent :- Smt.Sonu Sharma Alias Sonu Gaur Counsel for Petitioner :- Amrit Shanker Dubey Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Amrit Shanker Dubey, learned counsel for the petitioner.

¶2Present petition, under Article 227 of the Constitution of India, has been filed for a direction to Principal Judge, Family Court, Firozabad to decide the Divorce Petition No. 930 of 2023 (Smt. Sonu Sharma @ Sonu Gaur versus Anurag Gaur) under Section 13-B of the Hindu Marriage Act, within the time frame fixed by this Court.

¶3Learned Counsel for the petitioner contends that the marriage of the petitioner and the respondent was solemnized on 25.06.2011 as per Hindu rituals and rites. Learned counsel for the petitioner submits that soon after marriage dispute arose between the parties and their family persons and they are living separately from each other since 16.7.2011 and filed divorce petition under Section 13 B of the Hindu Marriage Act. Learned counsel for the petitioner submits that divorce petition was heard by the Principal Judge, Family Court, Firozabad on 19.9.2023 and thereafter fixed the matter for 27.3.2024. Learned counsel for the petitioner submits that petitioner in this case is praying waiving the "cooling-off" period since there is no hope for any reconciliation.

¶4Learned counsel appearing for the petitioner submits that both the parties have expressed their intention to live separately and there is no possibility between the parties to come together and co-habit.

¶5I have heard learned counsel for the parties and have perused the record.

¶6Since the parties have expressed their unwillingness to co-habit together and filed petition under Section 13-B of the Hindu Marriage Act before the Court below, in the opinion of the Court no useful purpose would be served by adjourning the divorce petition for the date fixed by the learned Principal Judge, Family Court, Firozabad.

¶7It is settled law that cooling period as provided under Section 13 B (2) of Hindu Marriage Act is not mandatory but directory and can be waived off. The Apex Court in the case of Amardeep Singh Vs. Harveen Kumar, (2017) 8 SCC 746, has laid down the said proposition. In view of the law laid down by the Apex Court, this Court deems it appropriate to require the petitioner as well as respondent to appear before the learned Principal Judge, Family Court, Firozabad, on 22.12.2023 with an application for waving off the "Cooling Period" along with a certified copy of this order and in furtherance the learned Principal Judge, Family Court, Firozabad, shall proceed to pass appropriate orders on the said application for waiving off the cooling period as provided under Section 13 B (2) in terms of the ratio of the Apex Court in the case Amardeep Singh (supra). If the learned Principal Judge, Family Court, finds that the conditions laid down by the Apex Court stands satisfied, it shall proceed to pass appropriate orders on the Divorce petition.

¶8With the aforesaid observations, the petition is disposed of. Order Date :- 12.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad