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2025 DAILYLAW 62276 (ALL)

PRIYANKA @ NEELAM SAGAR v. SONU

A227/5406/2025 · 2025-05-22

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87708 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5406 of 2025 Petitioner :- Priyanka @ Neelam Sagar Respondent :- Sonu Counsel for Petitioner :- Ramesh Kumar Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "I. Direct the court of Principal Judge, Family Court, Agra for earlier disposal of mutual consent divorce petition u/s 13-B of H.M. Act, 1955 within period of one month before passing the "Cooling off" period dated 09.05.2025." 2. It is contended by learned counsel for the petitioner that petitioner was married to respondent according to Hindu Rites and Customs in the year 2010. Matrimonial dispute arose between them which led to petitioner living separately. A settlement has arrived between the parties which has led to filing petition under Section 13B of Hindu Marriage Act for divorce with mutual consent. The said petition was filed on 19.03.2025. Thereafter, on 09.05.2025, an application was moved for waiving off the cooling period, which is pending consideration. The sole prayer made is for expeditious disposal of the same. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Principal Judge, Family Court, Agra to decide the aforesaid application dated 09.05.2025, in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order, keeping in mind the mandate of Hon'ble Apex Court rendered in case of Amardeep Singh Vs. Harveer Kaur (2017) 8 SCC 746. 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