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2025 DAILYLAW 136636 (ALL)

ASHIRWAD SONI v. PRIN. JUDGE FAMILY COURT AMBEDKAR NAGAR AND ANOTHER

A227/2398/2025 · 2025-04-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24031 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2398 of 2025 Petitioner :- Ashirwad Soni Respondent :- Prin. Judge Family Court Ambedkar Nagar And Another Counsel for Petitioner :- Sudhir Kumar Pandey,Annapurna Agnihotri Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Himanshu Singh, learned counsel for respondent No.2. 2. The present petition has been filed by the petitioner stating that both the parties have compromised and settled their disputes and filed an application under Section 13-B of the Hindu Marriage Act along with an application for waiving of the cooling period. Learned counsel for the petitioner states that the petitioner and respondent have stayed together only for one week and they are separated since the year 2023, the cooling period deserves to be set aside in view of the law laid down in the case of Amardeep Singh Vs. Harveen Kaur (2017) 8 SCC 746. 3. Considering the arguments as raised by both the parties, the present petition is disposed of directing respondent No.1 to waive of the cooling period and pass orders on the petition for divorce filed on mutual consent expeditiously, preferably within a period of two months from today. 4. The original copy of the compromise filed, shall be returned to the petitioner on his moving an appropriate application. Order Date :- 28.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench