Dheeraj Kumar vs Smt Neeraj
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Allahabad High Court

Dheeraj Kumar vs Smt Neeraj on 28 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:96688
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6964 of 2024
 

 
Petitioner :- Dheeraj Kumar
 
Respondent :- Smt Neeraj
 
Counsel for Petitioner :- Ajay Kumar Pathak
 

 
Hon'ble Ajit Kumar,J.
 

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

2. Petitioner before this Court is aggrieved for keeping the petition filed under Article 13-B for mutual divorce pending fixing long date in the month of September, 2024.

3. It is argued that at the time of first motion i.e. on 02.03.2024, both the parties moved an application for waiver of cooling off period in light of judgment ofAmardeep Singh v. Harveen Kaur in Civil Appeal No. 11158 of 2017 as also of this Court in the case of Lalit Kumar v. Narmala @ Ravina, Matter Under Article 227 No. 12190 of 2022 decided on 12.01.2023 yet the Principal Judge, Family Court, Hathrus has refused to entertain the application.

3. In the circumstances, both the parties are directed to appear before the Court below within a period of 45 days from today and if they appear as directed hereinabove, along with an application of waiver and certified copy of this order, the Principal Judge, Family Court will pass appropriate orders in light of observations made by this Court in the cases of Amardeep Singh (supra) and Lalit Kumar (supra). After disposing of the waiver application, the Court will be fixing date within fortnight to record statement of the parties for dissolution of marriage mutually under Section 13-B and shall thereafter pass appropriate orders accordingly.

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

Order Date :- 28.5.2024

P Kesari