HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 5295 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Arvind Srivastava-III, learned counsel for the plaintiff- petitioner and Ms. Vaishnavi Tripathi, learned counsel for the defendant- respondent. 2. The case of the plaintiff-petitioner is that the marriage of the plaintiff- petitioner stood solemnized with the defendant-respondent on 18.06.2011 as per Hindu Rites and Rituals. However, due to matrimonial discord, they are living separately since 01.01.2020. Petition under Section 13B came to be instituted on 19.02.2026 before the Court of Additional Principal Judge, Family Court No. 1, Agra and an application also came to be preferred for hearing on the cooling period. The said application has been rejected by virtue of the order dated 30.03.2026 by the Court of Additional Principal Judge, Family Court No. 1, Agra in Case No. 453 of 2026. 3. Questioning the same, the present petition came to be preferred 4. Learned counsel for the plaintiff-petitioner has sought to argue that the order dated 30.03.2026 has not been passed in correct perspective. Submission is that the case of the plaintiff-petitioner stands covered in view of the judgment in Amardeep Singh vs Harveen Kaur (2017) 8 SCC 746 followed by this Court in Matters under Article 227 No. 1607 of 2024 decided on 21.03.2024. 5. Ms. Vaishnavi Tripathi, learned counsel for the defendant-respondent as per instructions received from her client submits that the cooling period Versus Counsel for Petitioner(s) : Arvind Srivastava Iii, Sanjeev Kumar Counsel for Respondent(s) : Vaishnavi Tripathi Ashish Gautam .....Petitioner(s) Vinita Gautam .....Respondent(s) be waived of in that regard. 6. Having heard the submission and bearing in mind the fact that the parties are living separately since 01.01.2020 and further there is a matrimonial discord and the parties have also instituted proceedings under Section 13B of the Hindu Marriage Act and even otherwise, the first motion is already over, thus, bearing in mind the aforesaid factual situation, the order dated 30.03.2026 passed by the Additional Principal Judge, Family Court No. 1, Agra in Case No. 453 of 2026 is set aside. Matter stands remitted back to the court below to pass a fresh order on the cooling period. 7. With the aforesaid observation, the present petition stands disposed of. May 6, 2026 Rajesh A227 No. 5295 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad