Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 133918 (ALL)

HIMANSHU SINGH v. THE COURT OF LEARNED PRINCIPAL JUDGE FAMILY COURT,LKO. AND ANOTHER

A227/2121/2025 · 2025-04-18

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:22066 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2121 of 2025 Petitioner :- Himanshu Singh Respondent :- The Court Of Learned Principal Judge Family Court,Lko. And Another Counsel for Petitioner :- Gaurav Singh,Abhay Nath Mishra Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner with the following prayer :- "(i). To direct the opposite party no. 1, Principal Judge, Family court, Lucknow to decide the Suit/Petition No. 866 of 2025 titled as "Amrita Singh Vs. Himanshu Singh", under Section 13(B) of H.M.A. 1955 expeditiously by ignoring the 6 and 18 months (cooling period) of Section 13B (2) of Hindu Marriage Act, 1955 in the light of Apex Court decision "Amardeep Singh Versus Harveen Kaur (2017) 8 SCC 746, in the interest of justice." 3. It is argued by the counsel for the petitioner that the petitioner wants the waiver off the cooling period in the light of the judgment of the Hon'ble Supreme Court in the case of Amardeep Singh Versus Harveen Kaur (2017) 8 SCC 746. 4. In view of the said submission, the present petition is disposed of directing that the petitioner as well as respondent shall file a joint application seeking the benefit of cooling off period before the respondent no. 1, who shall pass orders thereupon on the next date fixed which is 29.04.2025 and thereafter shall proceed in accordance with law. 5. The petition is finally disposed of, in terms of above. Order Date :- 18.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench