Allahabad High Court
Smt. Tanuja Singh vs Nishant Kumar on 11 May, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3536 of 2022
Petitioner :- Smt. Tanuja Singh
Respondent :- Nishant Kumar
Counsel for Petitioner :- Manoj Kumar
Hon'ble Vipin Chandra Dixit,J.
Sri Saleem Ahmad, Advocate has filed his Vakalatnama on behalf of sole respondent is taken on record.
Heard Sri Manoj Kumar, 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 set aside the impugned order dated 31.03.2022, passed by Additional Principal Judge, Family Court No. 1, Meerut, in Mutual Divorce Petition No. 521 of 2022 (Smt. Tanuja Singh vs. Nishant Kumar), filed under Section 13B of the Hindu Marriage Act. It is further prayed that the Additional Principal Judge, Family court No. 1, Meerut may be directed to decide the Mutual Divorce Petition No. 521 of 2022 within stipulated period of time by waiving six months cooling period.
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. 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. It is further submitted that there is no chance of reunion between the parties as they are living separately from each other for last two years. 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.
Learned counsel appearing on behalf of sole respondent has also admitted that there is no chance of reunion between the parties and it is appropriate that the divorce petition may be decided expeditiously.
Considering the submissions of learned counsel for the parties, the petition under Article 227 is allowed and the order impugned dated 31.03.2022 is set aside.
The Additional Principal Judge, Family Court No. 1, Meerut, is directed to decide the Mutual Divorce Petition No. 521 of 2022 (Smt. Tanuja Singh vs. Nishant Kumar), filed under Section 13B of the Hindu Marriage Act expeditiously and if possible, 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 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
