Hakim Singh vs Smt Rekha
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Allahabad High Court

Hakim Singh vs Smt Rekha on 31 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100964
 
Court No. - 4
 
Case :- MATTERS UNDER ARTICLE 227 No. - 6790 of 2024
 
Petitioner :- Hakim Singh
 
Respondent :- Smt Rekha
 
Counsel for Petitioner :- Bachchu Lal Yadav
 

 
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 Marriage Dissolution Case No.729 of 2024 (Smt. Rekha v. Hakim Singh) 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 i.e. 4th November, 2024 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 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.

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, it is hereby provided that in the event petitioner appears before the Court on 15.07.2024 along with the opposite party and moves a joint application for waiving of the cooling of period, the trial Court will advance the date and dispose of the 13-B application itself after recording of statements of the parties before it, as expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order.

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

Order Date :- 31.5.2024

P Kesari