HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11154 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed challenging the order dated 21.08.2025 passed by Principal Judge, Family Court Muzaffarnagar 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, Muzaffarnagar. As per the petition, the marriage of the petitioner and respondent was solemnized on 13.02.2024. Due to some conflict between the respondent and petitioner, respondent came to her maternal home on 28.02.2024 and since then she is living there. It has also been stated that the petitioner and the respondent are living separately since 28.02.2024 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. 16,50,000/- is being paid to the respondent in respect of all her claims regarding maintenance. After presentation of the petition on 07.07.2025, next date for hearing was fixed on 02.01.2026. Thereafter, the petitioner filed an application for waiving off the cooling period as provided under Section 13- B of the Act on 20.08.2025 mentioning therein that marriage of respondent and petitioner have been settled, which was rejected by the court by order dated 21.08.2025. Hence the present petition. Versus Counsel for Petitioner(s) : Satya Narayan Gupta, Yogendra Pal Singh Counsel for Respondent(s) : Abhinav Malik .....Petitioner(s) Smt. Siya Dhama .....Respondent(s) 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. 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 fifteen days after their marriage and permanent alimony has already been settled between the parties and further that the marriage of the petitioner and respondent have 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. In view thereof the order dated 21.08.2025 is set aside and the petition is allowed. The matter is remitted back to Principal Judge, Family Court, Muzaffarnagar to decide the application dated 20.08.2025 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 17, 2025 Nitika Sri. A227 No. 11154 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad