SHASHANK SHEKHAR TIWARI v. PRIN. JUDGE FAMILY COURT LKO. AND ANOTHER
A227/4401/2025 · 2025-07-25
Pankaj Bhatia
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 153384 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153384 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43053 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4401 of 2025 Petitioner :- Shashank Shekhar Tiwari Respondent :- Prin. Judge Family Court Lko. And Another Counsel for Petitioner :- Prabhu Ranjan Tripathi,Aparna Tripathis Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties.
2. The present petition has been filed with the following prayers:
"1. Issue a decree or divorce by mutual consent under Section 13(B) of Hindu Marriage Act, 1955 in favour of the plaintiffs and an order to dissolve the marriage between both the parties/plaintiffs solemnized on 11.12.2023."
3. The contention of learned counsel for the petitioner is that both the parties have settled their disputes amicably before the mediation forum and had filed an application for grant of mutual divorce. As the petitioner, who is working in Canada, has to leave for Canada on 8th August, 2025. Both the parties are said to be staying separately since 22nd December, 2023.
4. Considering the judgement of the Supreme Court in case of Amit Kumar Vs. Suman Beniwal; Civil Appeal No.7650 of 2021, the Principal Judge, Family Court, Lucknow is directed to waive off the cooling period and decide the pending application for divorce under Section 13(B) of the Hindu Marriage Act within a period of two weeks from today.
5. The petition stands disposed of with the said directions. Order Date :- 25.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench