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2025 DAILYLAW 53269 (ALL)

BHAIRO NATH JAISWAL v. SUDHA JAISWAL

A227/4609/2025 · 2025-05-21

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86716 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4609 of 2025 Petitioner :- Bhairo Nath Jaiswal Respondent :- Sudha Jaiswal Counsel for Petitioner :- Kritika Sinha,Suramya Srivastava Hon'ble Rohit Ranjan Agarwal,J. Supplementary affidavit filed today is taken on record. Petitioner, before this Court, was married to opposite party according to Hindu Rites and Customs. They are living separately since 20.07.2021. Earlier, a divorce petition under Section 13 of Hindu Marriage Act Act was filed which was later withdrawn as parties entered into compromise and filed a petition under Section 13B of Hindu Marriage Act for divorce on the basis of mutual consent. The said petition was presented on 29.03.2025 in which the Court after registering the petition fixed for 05.11.2025. On the application moved for waiving off the cooling period, an order was passed on 18.04.2025 for putting up the matter on the date fixed in the case. This writ petition has been filed for setting aside the order dated 18.04.2025 fixing the matter for 05.11.2025 and seeking a direction upon Principal Judge, Family Court to consider and decide the application for waiving off cooling period. I have heard learned counsel for petitioner and perused the material on record. It is not in dispute that application was moved for waiving off the cooling period on 18.04.2025. The court below has directed the application to be listed along with divorce petition under Section 13B on 05.11.2025. The very purpose of the filing of application for waiving off the cooling period is that as the matter has been amicably settled between the parties, the application is allowed and in such case where the matter has been settled, the necessary order be passed. In view of said fact, the Principal Judge, Family Court, Varanasi is hereby directed to consider the application dated 18.04.2025 in the light of the decision of Apex Court rendered in case of Amardeep Singh Vs. Harveer Kaur (2017) 8 SCC 746, within a period of three weeks, from the date of production of certified copy of this order. Writ petition stands disposed of. Order Date :- 22.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad