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2025 DAILYLAW 78960 (ALL)

KAPIL SHARMA URF UMESH v. SMT. MRIDULATA URF NIDHI

A227/7941/2025 · 2025-07-28

Manish Kumar Nigam

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:125380 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7941 of 2025 Petitioner :- Kapil Sharma Urf Umesh Respondent :- Smt. Mridulata Urf Nidhi Counsel for Petitioner :- Rohit Nandan Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed seeking following relief :- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to issue a direction to the Addl. Family Court, Gautam Budh Nagar to decide the Case No. 1025/2024, Smt. Mridulata urf Nidhi Vs. Kapil Sharma urf Umesh within the time framed by this Hon'ble court, and/ or pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3. The parties have taken out the proceedings under Section 13-B of the Hindu Marriage Act, 1955 for grant of a divorce by mutual consent which came to be registered as Petition No.1025 of 2024 (Smt. Mridulata urf Nidhi Vs. Kapil Sharma urf Umesh). 4. Contention of learned counsel for the petitioner is that the cooling-off period as provided under Section 13-B Hindu Marriage Act, 1955, may be waived off. In this regard, learned counsel for the petitioner relied upon judgment of this Court passed in Matters Under Article 227 No. 1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020. 5. In view of the same, no useful purpose would be served in keeping this petition pending. 6. This petition is disposed of in terms of order passed by this Court in Matters Under Article 227 No. 1886 of 2020 (Smt. Pratibha v. Gaurav), dated 04.03.2020. Order Date :- 29.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad