Neutral Citation No. - 2025:AHC:141914 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9209 of 2025 Petitioner :- Rahul Agrawal Respondent :- Smt. Ayushi Agrawal Counsel for Petitioner :- Ramesh Chandra Agrahari Hon'ble Manish Kumar Nigam,J. 1. Vakalatnama filed today by Shri Saurabh Kumar, Advocate on behalf of the respondent is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. The writ petition has been filed seeking following relief :- "Issue a suitable order or direction to set aside the impugned order dated 31.07.2025 passed by the learned Court of Principal Judge, Family Court, Kanpur Nagar in Matrimonial Case No.1715 of 2025 (Rahul Agrawal Vs. Smt. Ayushi Agrawal), under Section 13B of Hindu Marriage Act, 1955." 4. Brief facts of the case are that on 14.7.2025, an application under Section 13-B of the Hindu Marriage Act, 1955 was filed by the petitioner and the respondents. From perusal of the said application, it is apparent that the marriage between the parties took place on 17.2.2016. The couple was blessed with two daughters namely Priyal Agrawal and Pawani Agrawal, who are living with the petitioner. With the passage of time, the dispute arose between the parties which ultimately led to separation on 5.3.2022 when the opposite party left the matrimonial home and started living with his brother at Agra. It has also been stated in the petition that the relatives and friends tried to mediate between the parties to settle their dispute but the dispute could not be resolved and there is no such hope even in the near future. It has also been stated in the petition that they are living separately since March, 2022 and it is not possible for them to live as husband and wife. It has also been averred in the application that opposite party will be given plot Nos.24, 25 and 26 Mauza, Patti Shekhupur, Pargana and Tehsil Fatehabad, District Agra and Gata Nos. 65A, and 65B area 214.88 sq. metre, will be given to the opposite party in lieu of permanent alimony. The said application filed by the petitioner and respondents was registered as Matrimonial Case No. 1715/2025. The Court below, by order dated 14.7.2025 fixed the date i.e. 26.8.2025 for conciliation and thereafter fixed 28.1.2026 as the next date fixed in the matter. Both the parties moved a joint application for waving cooling period as contemplated under Section 13-B of the Hindu Marriage Act, 1955. The said application has been rejected by the Principal judge, Family Court, Kanpur Nagar, by order dated 31.7.2025. 5. Learned counsel for the petitioner has submitted that since dispute between the parties have been settled and the same are mentioned in the application for divorce itself and the effort for conciliation has also been failed between the parties, therefore, continuance of marriage will prolong agony on the parties and the Court below has rejected the application for waving off the cooling period without considering the aforesaid aspects of the matter. 6. Learned counsel appearing for the respondent has also supported the arguments made by learned counsel for the petitioner and according to learned counsel for the respondents, no useful purpose would be served in keeping the petition for divorce pending. 7. Both the parties have agreed that the cooling period may be waived off as the dispute has been settled between the parties regarding custody of children, permanent alimony and future course of action and it is not possible for them to live together and all the efforts of mediation has failed. 8. In view of the submissions made by learned counsel for the parties, I am of the view that the Court below ought to have considered the averments made in the divorce petition especially that the future course of action has been decided and all the dispute between the parties have been settled, therefore, I am of the view that Principal Judge, Family Court, Kanpur Nagar shall reconsider the application filed by the parties for waiver of cooling period in view of the judgment passed by the Apex Court in Amardeep Singh vs. Harveen Kaur; (2017) 8 SCC 746 as well as judgment of this Court in Matters Under Article 227 No.1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020, within a period of four weeks from the date of production of a certified copy of this order. 9. The order impugned dated 31.7.2025 passed by the Principal Judge, Family Court, Kanpur Nagar in Matrimonial Case No.1715 of 2025 (Rahul Agrawal Vs. Smt. Ayushi Agrawal), under Section 13B of the Hindu Marriage Act, 1955, is hereby set aside. Since 26.8.2025 is the date fixed for mediation, the Court below may also explore whether there is any possibility of reconciliation between the parties before passing the order. 10. With these observations, the writ petition stands disposed of. Order Date :- 19.8.2025/Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad