Smt Neelesh Kumari vs Ranjeet Kumar
2024 Latest Caselaw 3059 ALL

Allahabad High Court

Smt Neelesh Kumari vs Ranjeet Kumar on 2 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:18222
 
Court No. - 52
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 811 of 2024
 

 
Petitioner :- Smt Neelesh Kumari
 
Respondent :- Ranjeet Kumar
 
Counsel for Petitioner :- Amrita Singh
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. The writ petition has been filed seeking following relief :-

"(i) Issue a suitable order or direction and direct the learned Principal Judge, Family Court, District Fatehpur to decide the Case No.349 of 2023 (Ranjeet Kumar Vs. Smt. Neelesh Kumari) under Section 13B of the Hindu Marriage Act, 1955 within stipulated period as may be fixed by this Hon'ble Court."

3. The parties have taken out the proceedings under Section 13-B of the Hindu Marriage Act, 1955 for grant of a divorce by mutual consent which came to be registered as Petition No.349 of 2023 (Ranjeet Kumar Vs. Smt. Neelesh Kumari). The petition was first heard by the learned trial court /learned Principal Judge, Family Court, Fatehpur on 08.01.2024. The learned trial court /learned Principal Judge, Family Court, Fatehpur has fixed the next date of hearing in the matter on 15.02.2024.

4. Contention of learned counsel for the petitioner is that the cooling-off period as provided under Section 13-B Hindu Marriage Act, 1955, may be waived off. In this regard, learned counsel for the petitioner relied upon judgment of this Court passed in Matters Under Article 227 No. 1886 of 2020 decided on 04.03.2020.

5. In view of the same, no useful purpose would be served in keeping this petition pending.

6. This petition is disposed of in terms of order passed by this Court in Matters Under Article 227 No. 1886 of 2020 dated 04.03.2020.

Order Date :- 2.2.2024

S. Singh