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2025 DAILYLAW 101161 (ALL)

SHRIYANSHI JAIN v. ANSHIT MITTAL

A227/11789/2025 · 2025-09-24

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11789 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Issue suitable order or direction to set aside order dated 29.07.2025 passed by Judge, Family Court, Firozabad in Petition No. 448 of 2025 and allow the application paper no. 17-C to waive off the Cooling period. Issue suitable order or direction, commanding the Principal Judge, Family Court, Firozabad to consider and decide application paper no. 17-C filed Matrimonial Petition No. 448 of 2025 and Matrimonial Petition No. 448 of 2025 pending before Principal Judge, Family Court, Firozabad as expeditiously as possible within such time allowed by the Hon'ble Court." 3. Contention of learned counsel for the petitioner is that application filed by the petitioner for waving off cooling period has been disposed of on the ground that as the date fixed in the matter is 7.11.2025 and on that date, the suit has to be decided. The Court below has erred in law in rejecting the application filed by the petitioner without considering the guidelines as laid down by Hon'ble Supreme Court in case of Amardeep Singh vs. Harveen Kaur; (2017) 8 SCC 746 as well as by this Court in Matters Under Article 227 No.1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020. 4. In view of the above, the order dated 29.7.2025 passed by the Principal Judge, Family Court, Firozabad is hereby quashed and the petition is allowed. The Principal Judge, Family Court, Firozabad is directed to consider and decide the application filed by the petitioner being application (paper No.17-C) on merits, in accordance with law, expeditiously, preferably. within a period of two weeks from the date of production of a certified copy of this order keeping in view the guidelines as laid down by Hon'ble Supreme Court in case of Amardeep Singh vs. Harveen Kaur; (2017) 8 SCC 746 as Versus Counsel for Petitioner(s) : Madhav Jain Counsel for Respondent(s) : Shriyanshi Jain .....Petitioner(s) Anshit Mittal .....Respondent(s) well as by this Court in Matters Under Article 227 No.1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020. September 25, 2025 Rishabh A227 No. 11789 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad