HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10994 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed challenging the order dated 29.08.2025 passed by Principal Judge, Family Court rejecting an application for waiving off the cooling period as contemplated under Section 13-B of the Hindu Marriage Act, 1955. 2. Brief facts of the case are that the petition under Section 13-B of the Hindu Marriage Act, 1955 was filed by the petitioner in the court of Principal Judge, Family Court, Varanasi. As per the petition, the marriage was solemnized on 02.07.2021 and thereafter, the petitioner came to her matrimonial home on 03.07.2021 and then left the same on 04.07.2021 and since then, the petitioner is continuously residing at her parental house at Varanasi. It has also been stated that the petitioner and the respondent are living separately since 04.07.2021 and their marriage is dead and despite best efforts being made by their parents, the dispute could not be reconciled between the parties. It has also been stated in the petition of divorce that permanent alimony Rs. 2,21,00,000/- is being paid to the petitioner in respect of all her claims regarding maintenance. After presentation of the petitioner on 10.07.2025, an order was passed for second motion fixing 27.01.2026. Parties were also directed to appear for reconciliation on 01.01.2026. The application filed by the petitioner on 10.07.2025 for waiving off the cooling period as provided under Section 13- B of the Act was rejected by the court by order dated 10.07.2025. Thereafter, another application was filed by the petitioner on 28.08.2025 mentioning therein that marriage of the petitioner is being settled and therefore, the cooling off period may be waived off. The said application has also been rejected by the court below on the ground that since the earlier application has been rejected by order dated 10.07.2025, the second application is not liable to be allowed. Hence the present petition. 3. Since both the parties have filed petition for divorce under Section 13-B of the Hindu Marriage Act, 1955 and there is no dispute between the parties regarding the waiving off cooling period, notice is not issued to the other party and the petition is being decided at the admission stage. Versus Counsel for Petitioner(s) : Ashok Kumar Mishra, Paritosh Sukla, Vijay Puri Counsel for Respondent(s) : Sakshi Jhunjhunwala .....Petitioner(s) Mohit Agarwal .....Respondent(s) 4. It has been contended by counsel for the petitioner that from the averments made in the petition under Section 13-B of the Act as well as in the application for waiving off the cooling period, it is apparent that effort for reconciliation has failed. The parties are living separately since two days after their marriage and permanent alimony has already been settled between the parties and further that the marriage of the petitioner has been settled therefore, the court below has erred in law in rejecting the application filed by the petitioner without considering the guidelines as laid down by Hon'ble Supreme Court in case of Amardeep Singh vs. Harveen Kaur; (2017) 8 SCC 746 as well as by this Court in Matters Under Article 227 No.1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020. 5. Since the application has only been rejected on the ground that the earlier application was rejected for want of necessary papers, in my view, the Court ought to have considered the application on merits. 6. In view thereof the order dated 29.08.2025 is set aside and the petition is allowed. The matter is remitted back to Principal Judge, Family Court, Varanasi to decide the application dated 28.08.2025 filed by the petitioner expeditiously preferably within a period of two weeks from the date of production of certified copy of this order, considering the guidelines issued by the Hon'ble Supreme Court in case of Amardeep Singh vs. Harveen Kaur; (supra) as well as by this Court in Matters Under Article 227 No.1886 of 2020 (Smt. Pratibha v. Gaurav). September 15, 2025 Nitika Sri. A227 No. 10994 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad