PRADEEP KUMAR v. THE COURT OF LEARNED PRINCIPAL JUDGE FAMILY COURT, LKO. AND ANOTHER
A227/166/2025 · 2025-01-21
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117665 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117665 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4098 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 166 of 2025 Petitioner :- Pradeep Kumar Respondent :- The Court Of Learned Principal Judge Family Court, Lko. And Another Counsel for Petitioner :- Shakeel Ahamad Khan,Anil Kumar,Nauman Asif,Prabhakar Pandey Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner.
2. The present petition has been filed with the following prayer:
"(i) To Direct the Opposite Party no. 1 i.e. Principal Judge Family Court, Lucknow, to decide the Suit/petition No.4444 of 2024 titled as "Smt. Rubilata Vs. Pradeep Kumar" pending before him, U/s 13 (B) of H.Μ.Α. 1955, expeditiously by the ignoring the 6 and 18 month (cooling period) of Section 13B (2) of Hindu Marriage Act 1955 in the light of apex court decision "Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, in the interest of justice."
3. The contention of learned counsel for the petitioner is that marriage has been broken down in preferably and seeks to waive off the cooling period of six months in the light of the Judgement of the Supreme Court in the Case of Amardeep Singh Vs. Harveen Kaur (2017) 8 SCC 746 considering the fact that the parties are at litigation since very long.
4. In the light of the directions contained in the case of Amardeep Singh (supra), a case for waiving off the cooling period is clearly made out.
5. The family court is directed to waive off the cooling period and to decide the application under Section 13(B) of the Hindu Marriage Act with all expedition preferably within a period of of six weeks from the date of production of a certified copy of this order.
6. The petition is disposed of. Order Date :- 21.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench