Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 8347 (ALL)

SMT HIMANSHI SAVITA v. KUNDAN

A227/9779/2026 · 2026-09-22

Rohit Ranjan Agarwal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9779 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. The petitioner was married to the opposite party according to the Hindu rites and custom on 05.03.2025. Matrimonial dispute has arisen between the parties, due to which, they are living separately. A joint petition for mutual divorce was filed under Section 13B of the Hindu Marriage Act on 16.03.2026, in which, an application for waiving of the cooling period was filed on 08.04.2026, which has been rejected by the order impugned. 2. After hearing the counsel for the petitioner and perusing the material on record, I find that the court below has proceeded to reject the application for waiving of the cooling period in a cursory manner. In view of the said fact, the order dated 26.05.2026 is hereby set aside and the matter is remitted back to the Additional Principal Judge, Family Court No. 3, Kanpur Nagar to decide the application afresh for waiving of the cooling period filed on 08.4.2026 in light of the judgment of Hon'ble Apex Court rendered in case of Amardeep Singh vs. Harveen Kaur (2017) 8 SCC 746 as well as decision of this Court rendered in case of Chinmayee Chatterjee vs. Suvadip Chatterjee (Matters Under Article 227 No. 14522 of 2024) dated 03.12.2024 within a period of two weeks from the date of production of certified copy of this order. 3. The writ petition stands allowed. September 23, 2026 A. V. Singh Versus Counsel for Petitioner(s) : Akhilesh Pandey Counsel for Respondent(s) : (Rohit Ranjan Agarwal,J.) Smt Himanshi Savita .....Petitioner(s) Kundan .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad