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2025 DAILYLAW 61011 (ALL)

YOGESH KUMAR SHARMA v. SMT. GEETANJALI BHARDWAJ ALIAS CHANCHAL

A227/5398/2025 · 2025-05-22

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87626 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5398 of 2025 Petitioner :- Yogesh Kumar Sharma Respondent :- Smt. Geetanjali Bhardwaj Alias Chanchal Counsel for Petitioner :- Amrit Shanker Dubey Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "1. Issue order or direction to the court of learned Principal Judge Family Court Mathura to decide the Matrimonial Case no. 477 of 2025 (Smt. Geetanjali Bhardwaj @ Chanchal versus Yogesh Kumar Sharma) under section 13(B) (1) of Hindu Marriage Act, pending before Principal Judge Family Court Mathura, within stipulated period as fixed by this Hon'ble Court." 2. It is contended by learned counsel for the petitioner that parties were married according to Hindu Rites and Customs in the year 2023. A matrimonial dispute arose between the parties which led to living separately. A petition under Section 13B of Hindu Marriage Act was filed for mutual divorce on 17.04.2025. The sole prayer made in the writ petition is for expeditious disposal of the same. 3. No useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondent. As statutory period provided under Section 13 has not expired and court below has fixed date and petitioner wants expeditious disposal of Matrimonial Case No. 477 of 2025 before period provided under the provisions therein expires, in that case an application is moved for waiving off the cooling period disclosing the reason. In case, the said application is moved within two weeks from today, the Principal Judge, Family Court, Mathura shall proceed with the said application and decide the same, strictly in accordance with law, considering the guidelines framed by Hon'ble Apex Court in case of Amardeep Singh Vs. Harveer Kaur (2017) 8 SCC 746, within next one month. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 23.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad