APRAJITA SINGH AND ANOTHER v. COURT OF ADDITIONAL PRINCIPAL JUDGE COURT NO III FAMILY COURT LKO.
A227/2271/2025 · 2025-04-24
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135305 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135305 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23581 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2271 of 2025 Petitioner :- Aprajita Singh And Another Respondent :- Court Of Additional Principal Judge Court No Iii Family Court Lko. Counsel for Petitioner :- Sunil Kumar Singh,Kartikeya Yadav Hon'ble Pankaj Bhatia,J.
1. Learned counsel for the petitioners is permitted to carry out the necessary amendment in the prayer clause during the course of the day.
2. Heard learned counsel for the petitioners, who represents both the husband and the wife.
3. The present petition has been filed with the following prayers:
"Wherefore, it is most respectfully prayed before this Hon'ble Court that this Hon'ble Court in the interest of justice may graciously be pleased to direct the Opposite Party the Opposite Party to follow the dictum rendered by the Hon'ble Apex Court in the case of Amardeep Singh versus Harveen Kaur reported in 2017 (8) SCC 746 and waive of the cooling period and decide the mutual divorce Case No. 22 of 2025 filed by the Petitioner under Sec.13(b) of the Hindu Marriage Act otherwise the Petitioners shall suffer irreparable loss and injury. It is most respectfully prayed to this Hon'ble Court that the order passed by Learned Court of APJ-3, family count Lucknow, dated 29.03.2025 in case No. 22 of 2025 u/s 13B Hindu Marriage Act set aside and waive of cooling period."
4. It is argued that the marriage in between the parties was solemnized in the year 2022. However, they never lived together and thus, want mutual divorce. The joint application filed for waiving of the cooling period was rejected.
5. Considering the mandate of the Supreme Court in the Case of Amardeep Singh Vs. Harveen Kaur reported in 2017 (8) SCC 746, there being no consideration in the order dated 29.03.2025, the same cannot be sustained and is quashed.
6. The Additional Principal Judge, Court No.III, Family Court, Lucknow is directed to waive of the cooling period and pass orders on the mutual consent application in accordance with law, preferably within a period of four weeks from today.
7. The petition stands disposed of with the said directions. Order Date :- 24.4.2025/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