Neutral Citation No. - 2025:AHC-LKO:3416 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 176 of 2025 Petitioner :- Divita Singh Respondent :- The Court Of Principal Judge Family Court Lucknow And Another Counsel for Petitioner :- Prem Shanker Pandey Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the petitioner and the learned Standing Counsel. 2. The present petition has been filed with the following prayer: "to direct the Opposite Party to decide the Suit/petition No.4232 of 2024 titled as "Divita Singh Vs. Ankit" pending before the Learned Principal Judge, Family Court, Lucknow, expeditiously by waiving off the cooling period of six months, within a stipulated period as fixed by this Hon'ble Court as contained in Annexure No. 1 to this petition." 3. It is argued by the counsel for the petitioner that the marriage of the petitioner with the respondent was a non-starter and they could not stay, as such, an application was filed for divorce by mutual consent. It is stated that for the second motion, the date is fixed as 07.07.2025, however, there is no likelihood of any settlement in between the parties. Reliance is placed upon the judgment of the Hon'ble Apex Court in the case of Amit Kumar vs. Suman Beniwal; Civil Appeal No.7650 of 2021 decided on 11.12.2021 in which the court had observed as under : "27. For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13B(2) of the Hindu Marriage Act, the Court would consider the following amongst other factors: (i) the length of time for which the parties had been married; (ii) how long the parties had stayed together as husband and wife; (iii) the length of time the parties had been staying apart; (iv) the length of time for which the litigation had been pending, (v) whether there were any other proceedings between the parties; (vi) whether there was any possibility of reconciliation; (vii) whether there were any children born out of the wedlock; (viii) whether the parties had freely, of their own accord, without any coercion or pressure, arrived at a genuine settlement which took care of alimony, if any, maintenance and custody of children, etc. 28. In this Case, as observed above, the parties are both well educated and highly placed government officers. They have been married for about 15 months. The marriage was a nonstarter. Admittedly, the parties lived together only for three days, after which they have separated on account of irreconcilable differences. The parties have lived apart for the entire period of their marriage except three days. It is jointly stated by the parties that efforts at reconciliation have failed. The parties are unwilling to live together as husband and wife. Even after over 14 months of separation, the parties still want to go ahead with the divorce. No useful purpose would be served by making the parties wait, except to prolong their agony." 4. Considering the submissions made by the petitioner, there is no likelihood of the marriage surviving, as such, Principal Judge, Family Court Lucknow is directed to waive-off the cooling period and decide the Suit/petition No.4232 of 2024 titled as "Divita Singh Vs. Ankit" under section 13-B of the HM Act with all expedition within a period of four weeks from the date of filing of a copy of this order. 5. The writ petition stands disposed off with the said directions. Order Date :- 20.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench