Priyanka Sinha (Smt.) vs Mukesh Kumar Sinha
2022 Latest Caselaw 20786 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 11389 of 2022
 

 
Petitioner :- Priyanka Sinha (Smt.)
 
Respondent :- Mukesh Kumar Sinha
 
Counsel for Petitioner :- Vikas Mani Srivastava,Ravindra Kumar Srivastava
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioner and perused the record.

Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Principal Judge, Family Court, Bareilly to decide the Matrimonial Petition No. 241 of 2020 (Smt. Priyanka Sinha Vs. Mukesh Kumar Sinha), under Section 13B of Hindu Marriage Act,1955, within stipulated period of time.

It is submitted by the learned counsel for petitioner that this is a matrimonial dispute between the parties and parties have amicably settled their disputes outside the court. It is further submitted that there is no chance of reunion between the parties because both the parties are living separately from each other for more than two and half years years. The learned family court has fixed long date after six months in the aforesaid case. Learned counsel for the petitioner has relied upon the judgment of Hon'ble Apex Court in the case of Amardeep Singh vs. Harveen Kaur, passed in Civil Appeal No. 11158 of 2017, arising out of Special Leave Petition (Civil) No. 20184 of 2017 and has submitted that period of six months as provided under Section 13B of the Hindu Marriage Act is not mandatory and since there is no possibility of reunion of the parties, no useful purpose would be served for waiting for six months.

Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Principal Judge, Family Court, Bareilly is directed to decide the Case No. 453 of 2022 (Neetu Chauhan Vs. Bindu @ Ajay Chauhan), under Section 13B of Hindu Marriage Act, expeditiously and the aforesaid suit be decided within a period of two months from the date of production of certified copy of this order by waiving the cooling period of six months, as provided under Section 13B(2) of the Hindu Marriage Act, unless there is any legal impediment.

With aforesaid direction, the instant petition is finally disposed of.

(Vivek Chaudhary,J.)

Order Date :- 12.12.2022

Arjun/-