Ravi Bhagwat vs Kalyani Bhagwat
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Allahabad High Court

Ravi Bhagwat vs Kalyani Bhagwat on 2 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78524
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5483 of 2024
 
Petitioner :- Ravi Bhagwat
 
Respondent :- Kalyani Bhagwat
 
Counsel for Petitioner :- Akanksha Gaur,Gaurav Khare,Rashtrapati Khare
 

 
Hon'ble Ajit Kumar,J.
 

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

2. It is submitted by learned counsel for the petitioner that the matter is pending before the Principal Judge, Family Court and currently there is no Principal Judge available at Family Court, Gautam Buddh Nagar.

3. In the circumstances, since both the parties have jointly applied for dissolution of marriage under Section 13-B of the Hindu Marriage Act, 1955 and they want immediate dissolution of marriage but the matter is not being heard because the Court is vacant. Accordingly, following directions are issued:

A) The matter of matrimonial dispute is transferred to the available Court of Addl. Principal Judge, Family Court, Gautam Buddh Nagar and the record from the court of Principal Judge, Family Court, Gautam Buddh Nagar shall be transmitted to the Incharge, Addl. Principal Judge, Family Court, Gautam Buddh Nagar within a week of presentation of certified copy of this order.

B) In the event petitioner and opposite party move a joint application for waiving of cooling of period, the same shall be disposed of in the light of the judgment of the Supreme Court Amardeep Singh v. Harveen Kaur in Civil Appeal No. 11158 of 2017 and general directions issued by this Court in the case of Lalit Kumar v. Narmala @ Ravina, Matter Under Article 227 No. 12190 of 2022 decided on 12.01.2023 immediately upon receipt of the application or within a week thereafter.

C) After passing the aforesaid order as directed hereinabove, the trial court will proceed to record statement of the parties and shall dispose of the petition itself within a maximum period of one month positively.

4. With the aforesaid observations and directions, this petition stands disposed of.

Order Date :- 2.5.2024/Deepika