Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12688 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 reliefs:
" (i) issue an appropriate order, setting aside the order impugned dated 19.9.2025 (At Annexure No. 4), passed by the Learned Principal Judge, Family Court, District Sonbhadra, on Application 10 ga and 11 ga, duly filed in Matrimonial Case No. 246/2025 (Praveen Kumar Chaubey Versus Seema) and consequently an earliest date, preferably within period of one week may kindly be fixed for the disposal of the aforesaid Applications. (ii) issue an appropriate direction to the aforesaid Learned Principal Judge, Family Court, District Sonbhadra to the effect that cooling-off period; as provided under section 13-B(2) of the Hindu Marriage Act, 1955 may be waived off and order dated 2.7.2025, fixing thereby final hearing date of 2 January, 2026 may be set side and an earliest date may be preponed for the final disposal of the case, in view of the order passed by this Hon'ble Court as well as Hon'ble Supreme Court, as duly contained at Annexure No. 5 to petition."
3. It has been contended by learned counsel for the petitioner is that the petition under Section 13-B of the Hindu Marriage Act for divorce by mutual consent was filed by the petitioner. In the said proceedings, the petitioner also filed an application for waiving off the cooling period as contemplated under Section 13-B of the Act. On the said application 04.11.2025 is the date fixed. Versus Counsel for Petitioner(s) : Narendra Srivastava Counsel for Respondent(s) :
Praveen Kumar Chaubey .....Petitioner(s) Seema .....Respondent(s)
4. In view of these facts, 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 Principal Judge, Family Court, District Sonbhadra to consider and decide the application for waiving off the cooling period on the next date fixed i.e. 04.11.2025 and if for some unavoidable reasons, it is not possible to decide the application, the same shall be considered and decided within one week thereafter.
October 17, 2025 Nitika Sri. A227 No. 12688 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad