Satish Kumar v. Smt. Reena Devi

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12773 of 2023 Petitioner :- Satish Kumar Respondent :- Smt. Reena Devi Counsel for Petitioner :- Saurabh Tripathi,Shashikant Mishra Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Shashikant Mishra, learned counsel for the petitioner.

¶2Considering the nature of the order that is proposed to be passed notice upon the sole respondent is dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed essentially to waive off the cooling period of 6 months in respect of Hindu matrimonial petition registered as original Suit no. 840 of 2023 (Satish Kumar vs. Smt. Reena Devi) under Section 13 (B) of Hindu Marriage Act, 1955.

¶3Learned Counsel for the petitioner contends that the marriage of the petitioner and the respondent was solemnized on 13.03.2000 and due to their wedlock two children were borne. Thereafter, the parties have been living separately since 16.12.2020, and have mutually agreed to seek dissolution of their marriage. Accordingly, they have preferred petition before the learned Principal Judge, Family Court, Shahjahanpur, on 19.09.2023. On 02.11.2023, an application has been moved for waiving off cooling period of 6 months as provided under Section 13 B (2) of the Hindu Marriage Act, which application is stated to be pending.

¶4Learned Counsel 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. Since the parties have expressed their unwillingness to co-habit together, 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, Shahjahanpur.

¶6It 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, Shahjahanpur, on 22.12.2023 along with a certified copy of this order and the learned Principal Judge, Family Court, Shahjahanpur, shall proceed to pass appropriate orders on the pending motion 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.

¶7With the aforesaid observations, the petition is disposed off. Order Date :- 14.12.2023 Deepak/ High Court of Judicature at Allahabad