Arun Sharma vs Smt. Aarti Sharma
2024 Latest Caselaw 17145 ALL

Allahabad High Court

Arun Sharma vs Smt. Aarti Sharma on 14 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:86602
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6038 of 2024
 

 
Petitioner :- Arun Sharma
 
Respondent :- Smt. Aarti Sharma
 
Counsel for Petitioner :- Omvir Babu Arya
 

 
Hon'ble Ajit Kumar,J.
 

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

2. Petitioner before this Court wants expeditious disposal of mutual divorce case being Matrimonial Case No.669 of 2021, filed under Section 13-B of the Hindu Marriage Act 1955 but he submits that on the first motion itself, six months' date has been fixed by the Family Court. He submits that once both husband and wife agree to dissolve their marriage mutually, the court ought to have waived off cooling of period in view of judgment of Supreme Court Amardeep Singh v. Harveen Kaur in Civil Appeal No. 11158 of 2017.

3. However, upon a pointed query being made, learned counsel for the petitioner admitted that no misc. application has been filed for waiver of cooling of period.

4. 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, it is hereby provided that if the petitioner and the opposite party jointly move an application for waiving of the cooling of period within two weeks from today, the trial Court will advance the date and dispose of the 13-B application itself after recording of evidence of the parties before it, as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.

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

Order Date :- 14.5.2024

P Kesari