Smt. Mansi Agarwal And Another vs Ld. Principal Judge, Family ...
2023 Latest Caselaw 6548 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1056 of 2023
 
Petitioner :- Smt. Mansi Agarwal And Another
 
Respondent :- Ld. Principal Judge, Family Court, Lucknow
 
Counsel for Petitioner :- Tushar Mittal,Anjani Kumar Mishra
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners.

In view of order being proposed to be passed, notices to opposite party stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed challenging the order dated 22.02.2023 passed in Regular Suit No.436 of 2023 whereby application for exemption of cooling off period under section 13(B) of Hindu Marriage Act has been rejected.

Learned counsel for petitioners submits that marriage between the parties had been solemnized on 09.04.2014. The petitioner no.2 become a citizen of Australia and due to matrimonial discord, petitioner started staying separately since 10.11.2018 whereafter on an application, the Federal Circuit and Family Court Australia has dissolved the marriage of petitioners by means of order dated 26.02.2020. It is submitted that parties have also settled their differences and have entered into a compromise on 10.02.2023 but due to the fact that petitioner no.1 is still an Indian citizen, application for divorce by mutual consent was preferred before the Family Court, Lucknow on 13.02.2023 along with application for exemption for waiving off cooling off period which was filed on 22.02.2023 and has been rejected by means of impugned order.

Learned counsel for petitioners submits that in view of judgment rendered by Hon'ble the supreme Court in the case of Amardeep Singh versus Harveen Kaur, reported in (2017) 8 SCC 746, the conditions indicated therein for waiving cooling off period are applicable in the present case due to which, the impugned order is required to be set aside.

In view of the fact that the petitioners are said to have entered into a compromise with regard to mutual divorce, which has already been granted by the Federal Circuit and Family Court of Australia, the judgment referred by Hon'ble the Supreme Court in the case of Amardeep Singh may be applicable. Since a request has been made for mutual divorce and learned counsel for petitioners upon instructions submits that parties are amenable to settlement before the Mediation Cell of this Court, the case is referred to the Mediation Cell of this Court where the parties shall present themselves on 16.03.2023.

Parties shall deposit a sum of Rs.10,000/- before the Mediation Cell on the date when they appear.

List this case on 22.03.2023, as a fresh case along with report of the Mediation.

Order Date :- 1.3.2023

Subodh/-