Pooja Mishra vs Prashant Kumar Pandey
2023 Latest Caselaw 672 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12181 of 2022
 

 
Petitioner :- Pooja Mishra
 
Respondent :- Prashant Kumar Pandey
 
Counsel for Petitioner :- Mahendra Tripathi,Abhay Kumar Dwivedi
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Mahendra Tripathi, learned counsel for the petitioner.

Learned counsel for the petitioner submits that the Principle Judge, Family Court is though vacant but Additional Principle Judge, Family Court No.3 and 4 are available and therefore 13-B suit may be transferred to the available court to be decided as the parties have entered into settlement and want rehabilitation after mutual divorce. He submits that in the light of the judgment of the Supreme Court in the case of Amardeep Singh v. Harveen Kaur reported in (2017) 8 SCC 746 the cooling off period may also be waived for passing the decree of mutual divorce.

Considering the facts and circumstances of this Court the matter is directed to be decided by the Additional Principle Judge, Family Court No.3, Prayagraj considering the judgment of the Supreme Court in the case of Amardeep Singh (Supra) for waiving off cooling of period as the parties intend to rehabilitate themselves but in this regard both the parties are required to move an application also before the court concerned for waiver of cooling off period.

Accordingly, this petition is disposed of within a direction that in the event such an application is filed, the Court is expected to decide the matter of mutual divorce petition filed under Section 13-B within a further period of three weeks' time.

Order Date :- 6.1.2023

Deepika