Smt. Neeti Goel vs State Of U.P. And 2 Others
2023 Latest Caselaw 632 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 11950 of 2022
 

 
Petitioner :- Smt. Neeti Goel
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Lokesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Lokesh Kumar, learned counsel for the petitioner and perused the record.

By means of this petition filed under Article 227 of the Constitution, the petitioner wants expeditious disposal of Divorce Petition No. 1499 of 2022 titled as Smt. Neeti vs. Abhishek Goel instituted under Section 13-B of Hindu Marriage Act, 1955 pending before Principal Judge, Family Court, Muzaffar Nagar.

The grievance raised by learned counsel for the petitioner is that the hearing upon the application for mutual divorce has been deferred by the Principal Judge, Family Court, Muzaffar Nagar so as to follow compliance of cooling off period of six months' time. He has placed reliance upon the judgment of Supreme Court in the case of Amardeep Singh v. Harveen Kaur reported in (2017) 8 SCC 746 in which vide paragraph no. 19 the Court quoted the provisions of Section 13-B(2) and finally held vide paragraph no. 20 that in the event there is no possibility of parties resuming co-habitation and there are chances of alternative rehabilitation, the Court may exercise its discretion to expeditiously dispose of 13-B application taking relevant provisions of cooling off period to be directory in nature.

Learned counsel for the petitioner submits that during the mediation proceedings initiated at the Mediation Centre both the parties agreed to live separately.

In view of the above, therefore, this Court is of the considered view that following the ratio of the judgment of Supreme Court in the case of Amardeep Singh (supra) the matter pending under Section 13-B before the Principal Judge, Family Court, Muzaffar Nagar can be directed to be disposed of expeditiously without waiting for completion of cooling off period.

Accordingly, this petition stands disposed of with direction to the Principal Judge, Family Court, Muzaffar Nagar to dispose of the pending 13-B application of the parties within a period of 30 days from the date of presentation of certified copy of this order.

It is clarified that in the event, this order could not be carried out within the time frame fixed for any technical reason, then for such delay in disposal of the appeal and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with personal liability of contempt.

Order Date :- 6.1.2023

Shiraz