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Neutral Citation No. - 2025:AHC:51162 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3409 of 2025 Petitioner :- Smt. Deepanjali Pandey Respondent :- Ritik Agnihotri Counsel for Petitioner :- Akhilesh Pandey Hon'ble Rohit Ranjan Agarwal,J. The petitioner was married to the respondent according to Hindu Rites and Customs on 13.06.2020. Due to matrimonial dispute having been arisen between the parties, they are living separately. A petition for mutual divorce was filed on 13.11.2024, in which, the Court below had fixed 16.05.2025. This writ petition has been filed with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to issue direction to the Court of Principle Judge, Family court, Kanpur Nagar to decide Case No.3020 of 2024 (Ritik Agnihotri Vs. Smt. Deepanjali Pandey), Under Section 13B of Hindu Marriage Act by keeping view of law laid down by Hon'ble Supreme Court in Civil Appeal No.11158 of 2017 (Amardeep Singh Vs. Harveen Kaur) as earliest comparison to the date fixed on 13.11.2024 otherwise petitioner shall suffer irreplaceable loss and injury."
Learned counsel for the petitioner submits that the cooling period may be waived off in view of the decision rendered by the Apex Court in case of Amardeep Singh Vs. Harveen Kaur (2017) 8 SCC 746. From perusal of the material on record, it transpires that no application has been moved by the parties for waiving of the cooling period before the Principal Judge, Family Court, Kanpur Nagar. In case, the said application is moved before the Court below within one week from today, the Court below shall decide the same in view of the law laid down by the Apex Court in case of Amardeep Singh (supra), after hearing all the concerned parties, strictly in accordance with law preferably within a period of two weeks thereafter. With the aforesaid observations, present writ petition stands
disposed of.
It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 9.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad