HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 164 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and Ms Nasreen Bano, Advocate who files vakalatnama on behalf of the respondents. 2. With the consent of the parties, the matter is being decided finally. 3. Instant first appeal under Section 19(1) of the Family Court Act has been filed against the order dated 06.09.2025 per which the learned Trial Court has rejected the application for waiving off the cooling period. 4. Contention of the learned counsel for the contesting parties is that both parties got married on 16.06.2023. Since December, 2023, both of them are residing separately. 5. Upon an application being filed for mutual divorce and an application for waiver off the cooling period, the learned trial court has rejected the application by means of the impugned order on the ground that none of the conditions as specified under Section 13B of the Hindu Marriage Act, 1955 are made out. 6. Reliance has been placed on the judgment of the Supreme Court in the case of Amardeep Singh v. Harveen Kaur: SCC (2017) 8 SCC 746 to contend that this Court has got the power to waive off the cooling period. However, Hon'ble Supreme Court in the case of Amardeep Singh (supra) has laid down four conditions in para 18. Versus Counsel for Appellant(s) : Shyam Kinkar Pandey Counsel for Respondent(s) : Nitin Kumar Rai .....Appellant(s) Riya Rai .....Respondent(s) 7. Learned counsel for the contesting parties contends that mediation proceedings are still pending before the learned court below and that the next date fixed is 17.11.2025. 8. Considering that the mediation/conciliation proceedings are pending before the learned trial court and the urgency expressed by the learned counsel for the contesting parties, the writ petition is disposed of with a direction to the learned court to have the mediation proceedings expedited. Let a date in the mediation be fixed within a period of two weeks from the date of receipt of a certified copy of this order. 9. The Mediator would make an endavour to conclude the mediation proceedings expeditiously and preferably prior to the date fixed in the matter which is said to be 17.11.2025. 10. It would be open for the parties to approach this Court in case any of the grievances still subsists. October 6, 2025 prateek FAPL No. 164 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench