HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 210 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the appellants. 2. The instant appeal under Section 19(1) of the Family Courts Act, 1984 has been filed against the order dated 29.10.2025 passed by Additional Principal Judge, Court No.8, Family Court, Lucknow in R.S. No.3721/2025 (Abhishek vs. Rishika) under Section 13B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955") whereby application No.8-C preferred by the appellants for waiver of cooling period has been rejected. 3. The appellants have challenged such order on the ground that because of mediation being carried out between the appellants and the said mediation proceedings becoming successful, it was agreed by the appellants to settle their dispute by filing an application under Section 13B of the Act, 1955 for divorce by mutual consent. The appellant No.1 had agreed to pay Rs.46,00,000/- to appellant No.2 and to clear all outstanding dues relating to the flat at Varanasi in which appellant No.2 was residing. 4. It has been submitted that such mediation settlement which was arrived at was taken note of by this Court in Criminal Misc. Writ Petition No.4559 of 2025, which was filed for quashing of F.I.R. No.261/2024, under Sections 3/4 of the D.P. Act and Sections 427, 323, 498A I.P.C. at Police Station Sarojini Nagar, District Lucknow. The Court had disposed of the writ petition and quashed the F.I.R. on 13.10.2025. A copy of the judgment Versus Counsel for Appellant(s) : Shailendra Misra Counsel for Respondent(s) : Abhishek Kumar Singh And Another .....Appellant(s) Additional Prin. Judge Court No. 8 Family Court Lucknow .....Respondent(s) rendered by this Court in Criminal Misc. Writ Petition No.4559 of 2025 has been filed as annexures to the affidavit filed in support of the appeal. As a consequence of the settlement agreement, the appellants have preferred a suit under Section 13B of the Act, 1955 before the Principal Judge, Family Court, Lucknow on 10.10.2025 which was numbered as Regular Suit No.3721 of 2025 and a date of 13.04.2026 was fixed in the matter by the trial court. The appellant No.1 has already paid Rs.25,00,000/- as part payment of the settlement arrived at between the parties and Rs.21,00,000/- is to be paid at the time of the divorce decree. The appellants have withdrawn all cases lodged against each other as per the settlement agreement. They are living separately since 16.11.2023 and there is no hope left for them to live together as there are several ideological differences between them. The appellants preferred an application for waiver of cooling period on 29.10.2025 which was numbered as Application No.8-C. A copy of the application has been filed as annexures to the affidavit filed in support of the appeal. The said application has been rejected on 29.10.2025 on the ground that several litigations are pending between the appellants and that the appellants have two children from the wedlock. The appellant No.2 herself wants to end the relationship with appellant No.1 at the earliest. Hence, this appeal has been filed. 5. It has been pointed out that the learned trial court has noticed that several criminal cases are pending between the parties and therefore has not waived the cooling period and at that time some cases were indeed pending; however, after such order passed on 29.10.2025, the criminal cases have been withdrawn and all orders have been filed collectively as Annexure-5 to the affidavit filed in support of the appeal. 6. We find that the order dated 29.10.2025 has rightly mentioned that criminal cases were pending between the parties and has therefore rejected the application, but now due to subsequent events, that is, after dismissal of such criminal cases as withdrawn, we do not find any good ground not to grant the relief of waiver of cooling period between the parties. Therefore, we modify the order dated 29.10.2025 to this extent only. 7. We direct the learned trial court to consider the affidavit filed by both the appellants before it at the earliest, say within a week from the date on which FAPL No. 210 of 2025 2 it is filed, and pass an appropriate order thereon within two weeks thereof. 8. The appeal is disposed off. December 5, 2025 Shubhankar FAPL No. 210 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench