Allahabad High Court
MAHESHCHANDRAversusSMT. SAVITA CHAUDHARY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court did not decide the merits but ordered the petitioner to seek a waiver of the cooling period and, if filed, directed that the waiver be decided within two months.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Family Court, Hathras, to decide a pending divorce petition filed under Section 13B of the Hindu Marriage Act, 1955. The petitioner argued that the case was pending and required expeditious disposal. The Court noted that no application for waiving the statutory cooling period under Section 13B(2) had been filed. Accordingly, the Court directed the petitioner to first file an application for waiver of the cooling period and, if filed, to have it decided within two months, citing the Supreme Court decision in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 and its own earlier decision in Chinmayee Chatterjee v. Suvadip Chatterjee (2024). The writ petition was disposed of without any merits being adjudicated.
Issues considered
- Whether the High Court can direct the Family Court to decide a pending divorce petition under Section 13B within a stipulated period.
- Whether the petitioner must first obtain a waiver of the cooling period before such a direction can be effective.
- What time‑frame is appropriate for the Family Court to decide a waiver application.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13B, 13B(2)
Subjects
- divorce
- Hindu Marriage Act
- Section 13B
- cooling period
- waiver
- expeditious disposal
- writ petition
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13699 of 2026
Maheshchandra
.....Petitioner(s)
Versus
Smt. Savita Chaudhary
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Dubey
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"i) Issue an appropriate order or direction, directing the Principal Judge,
Family Court, Hathras, District-Hathras to decide the Divorce
Petition/Case No.-581 of 2026 (Smt. Savita Chaudhary Vs.
Maheshchandra), file Under Section-13B of Hindu Marriage Act, within
stipulated period as this Hon'ble Court may deem fit and proper."
2. It is contended by learned counsel for the petitioner that petition under
Section 13B of Hindu Marriage Act, 1955 was filed on 29.08.2026, which is
pending consideration. The prayer is for expediting the same.
3. Section 13B(2) of the Act provides for the time limit for filing the second
motion.
4. As no application for waiving off the cooling period has been filed, the
petitioner is granted opportunity to approach the court concerned by filing an
application for waiving off the cooling period. In case, such application is
filed, the same shall be decided by court concerned expeditiously preferably
within a period of next two months, from the date of filing the application,
in light of the decision of Hon'ble Apex Court rendered in case of
Amardeep Singh vs. Harveen Kaur (2017) 8 SCC 746 as well as
decision of this Court rendered in case of Chinmayee Chatterjee vs.
Suvadip Chatterjee (Matters Under Article 227 No. 14522 of 2024)
dated 03.12.2024.
A227 No. 13699 of 2026
2
5. With the aforesaid directions, writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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