Smt. Vaishali Gupta vs Manoj Chandel
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Allahabad High Court

Smt. Vaishali Gupta vs Manoj Chandel on 11 December, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:222278
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 15553 of 2025   
 
   Smt. Vaishali Gupta    
 
  .....Petitioner(s)   
 
 Versus  
 
   Manoj Chandel    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Shashi Kant Pandey   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 5
 
   
 
 HON'BLE MANISH KUMAR NIGAM, J.     

1. Shri Rajesh Kumar Singh, Advocate filed vakalatnama on behalf of respondent which is taken on record.

2. Heard learned counsel for the parties and perused the record.

3. This petition has been filed challenging the order dated 12.11.2025 passed by the Principal Judge, Family Court, Moradabad rejecting an application filed by the petitioner as well as respondent for waiving off the cooling period as provided under Section 13-B of the Hindu Marriage Act.

4. Contention of the learned counsel for the petitioner is that marriage of the petitioner and respondent was solemnized on 02.02.2020 and they are living separately since 06.05.2020. It has been further submitted that they lived together merely three months after the marriage and since then they are living separately. It has been further submitted by learned counsel for the petitioner that Rs. 5,00,000/- have been received by the petitioner as alimony and jewellery has been fixed to be given at the time of decision of the divorce petition. It has been further submitted that despite best efforts made by family members as well as relatives, the parties are not able to settle their dispute amicably. The court below has rejected the application only on the ground that no formal mediation proceeding has been initiated between the parties and the jewellery etc. has not been exchanged and there is no reason for waiving off the cooling period. In this regard, learned counsel for the petitioner relied upon judgment of this Court passed in Matters Under Article 227 No. 1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020.

5. From the perusal of the record, it is apparent that the petitioner has lived with respondent only for three months and from the last five years they are living separately. There is no dispute as to the alimony. In view thereof, the order cannot be sustained.

6. In view of the above, the order dated 12.11.2025, passed by the Principal Judge, Family Court, Moradabad, is hereby set-aside.

7. The Family Court, Moradabad is directed to pass fresh order on the application filed by the petitioner, in accordance with the judgment passed in Matters Under Article 227 No. 1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020 expeditiously, preferably within a period of two weeks from the date of production of a certified copy of this order.

8. With the aforesaid direction, this petition stands allowed.

(Manish Kumar Nigam,J.)

December 11, 2025

Ved Prakash