Manoj Kumar vs Smt Sonam
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Allahabad High Court

Manoj Kumar vs Smt Sonam on 31 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100935
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6780 of 2024
 

 
Petitioner :- Manoj Kumar
 
Respondent :- Smt Sonam
 
Counsel for Petitioner :- Sunil Kumar Tiwari
 

 
Hon'ble Ajit Kumar,J.
 

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

2. The petitioner before this Court is aggrieved by the order passed by the Principal Judge, Family Court, Meerut dated 08.05.2024 whereby the proceedings have been undertaken for mediation and conciliation between the parties despite the fact that petition under section 13-B of the Hindu Marriage Act has been filed for mutual divorce. The misc. case filed by the petitioner to waive of the cooling off period has been turned down on 08.05.2024.

3. It is submitted that the provisions as provided for six months cooling off period, is not mandatory but directory in nature in view of judgment of Supreme Court in the case of 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 and so the Principal Judge, Family Court ought to have allowed the waiver application if the marriage is irretrievably revocable.

4. I find merit in the submission advanced by learned counsel for the petitioner looking to the pleadings raised in the petition and the order passed by the Principal Judge, Family Court.

5. In the circumstances, petitioner is directed to appear on or before 15th July, 2024 before the Principal Judge concerned along with opposite party to get their statements recorded. Thereafter, the family court will proceed to record their statements to dispose of the petition under Section 13-B of the Hindu Marriage Act. If for any difficulty, statement is not recorded of the respective parties then the Principal Judge, Family Court concerned will fix another date within two weeks asking the parties to record their statements. It is provided that after recording of statements, the Court will proceed to decide the 13-B petition by passing appropriate judgment forthwith.

6. In view of the above, the order dated 08.05.2024 passed by the Principal Judge, Family Court No.1, Meerut, is hereby set aside.

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

Order Date :- 31.5.2024

P Kesari