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2025 DAILYLAW 193476 (ALL)

SMT. ANEETA KUMARI v. ANSHUL YADAV

A227/12977/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12977 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: " It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to waive off the statutory waiting period, U/s 13-B of Hindu Marriage Act and the Hon'ble Court may kindly be pleased to direct the Court below to conclude the proceedings of Marriage Petition No. 380/2025 [Smt. Aneeta Vs. Anshul), U/s 13-B Hindu Marriage Act, pending in the Court of Ld. Family Court, Hathras, within the stipulated period, during the pendency of the present petition before the Hon'ble Court, otherwise the petitioner shall suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that an application for waiving the cooling off period is pending consideration and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Family Court, Hathras to consider and decide the aforementioned application, keeping in view the judgment passed by the Apex Court in Amardeep Singh vs. Harveen Kaur; (2017) 8 SCC 746 as well as judgment of this Court in Matters Under Article 227 No.1886 of Versus Counsel for Petitioner(s) : Hitesh Pachori Counsel for Respondent(s) : Smt. Aneeta Kumari .....Petitioner(s) Anshul Yadav .....Respondent(s) 2020 (Smt. Pratibha v. Gaurav), expeditiously, preferably within a period of two weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. October 29, 2025 Nitika Sri. A227 No. 12977 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad