Saroj Pandey @ Saroj Mishra vs Amit Kumar Pandey
2022 Latest Caselaw 2476 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3617 of 2022
 
Petitioner :- Saroj Pandey @ Saroj Mishra
 
Respondent :- Amit Kumar Pandey
 
Counsel for Petitioner :- Ashutosh Kumar Pandey
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Ashutosh Kumar Pandey, 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, Chandauli to decide the Case No. 144 of 2022 (Saroj Pandey vs. Amit Kumar) filed under Section 13B of the Hindu Marriage Act within stipulated period of time.

It is submitted by the learned counsel for petitioner that is is a matrimonial dispute between the parties and parties have amicably settled their disputes outside the court and the respondent-husband is agreed to pay Rs. 8,50,000/- as permanent alimony to the petitioner-wife. It is further submitted that the divorce petition has been filed with the mutual consent of the parties under Section 13B of the Hindu Marriage Act. The respondent husband has already paid Rs. 2,50,000/- through bank draft to the petitioner-wife on 06.04.2022 and is ready to pay the remaining amount within one week. 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 almost one and half 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, Chandauli is directed to decide the Case No. 144 of 2022 (Saroj Pandey vs. Amit Kumar) filed under Section 13B of the Hindu Marriage Act expeditiously and the aforesaid suit be decided within a period of one month 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.

Order Date :- 11.5.2022

sailesh