Pranjal Sharma vs Preeti Sharma
2025 Latest Caselaw 4938 ALL

Allahabad High Court

Pranjal Sharma vs Preeti Sharma on 12 February, 2025

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:8986
 

 
Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 436 of 2025
 

 
Petitioner :- Pranjal Sharma
 
Respondent :- Preeti Sharma
 
Counsel for Petitioner :- Manish Kumar, Bhupendra Prakash
 

 
Hon'ble Pankaj Bhatia,J.
 

1. The application has been filed seeking amendment.

2. The application is allowed. The applicant/petitioner is permitted to make the necessary correction in the memo of the parties during the course of the day.

3. Heard the counsel for the petitioner. Sri Ankit Kumar has put in appearance on behalf of the opposite party.

4. The present petition has been filed challenging the order dated 20.12.2024 whereby the application for waiving the cooling period as prescribed under section 13-B of the Hindu Marriage Act has been rejected solely on the ground that the said power can be exercised only by the Supreme Court in exercise of its power under Article 142 of the Constitution of India.

5. It is argued in between the parties that the marriage has been irretrievably broken down. The marriage was solemnized on 23.01.2021 and the parties are living separately for more than one year.

6. Both the parties agree that the cooling of period should be waived so that the agony is not prolonged. The order impugned, whereby the application for waiver of cooling of period was rejected is ill-founded as the Supreme Court in the case of Amardeep Singh vs. Harveen Kaur, (Civil Appeal No.11158 of 2017) had itself held that the family court itself is empowered to waive of the cooling of period subject to the conditions as specified in para 13 of the said judgment being existing.

7. Thus, on the basis of the said judgment, the order impugned cannot be sustained as the parties are living separately and both the parties agree that the cooling of period should be waived and the conditions as specified in paragraph 13 are clearly existing in the present case.

8. The petition is allowed.

9. The cooling of period is waived. The family court is directed to pass orders on the application filed under section 13-B of the Hindu Marriage Act without waiting for the time prescribed and treating the cooling of period to be waived by this Court. The family court shall pass a decree as prayed in terms of the application filed under section 13-B of the Hindu Marriage Act preferably within a period of one week from today.

Order Date :- 12.2.2025

VNP/-