Allahabad High Court
SMT. SHIKSHA DEVIversusDEEPAK CHAUHAN
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition cannot be entertained until the statutory cooling period under Section 13‑B is waived, and the parties must first move an application for such waiver.
Summary
The petitioner, Smt. Shiksha Devi, filed a writ petition under Article 227 seeking a mandamus directing the Principal Judge of the Family Court, Banda, to decide her mutual‑consent divorce petition (No. 370 of 2026) filed under Section 13‑B of the Hindu Marriage Act, 1955. The parties had been living separately and mediation had failed. The High Court observed that no application had been filed to waive the statutory cooling period, which had not yet elapsed. Consequently, the Court dismissed the writ petition, granting the parties liberty to apply for a waiver of the cooling period, and directed that any such application be decided within three weeks, citing the Supreme Court’s 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 therefore disposed of.
Issues considered
- Whether the High Court can issue a mandamus directing the Family Court to decide a divorce petition before the statutory cooling period under Section 13‑B has elapsed.
- Whether the petitioner is required to first obtain a waiver of the cooling period before the writ can be entertained.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13-B
Subjects
- divorce
- mutual consent
- cooling period
- Hindu Marriage Act
- writ petition
- mandamus
- Family Court
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13865 of 2026
Smt. Shiksha Devi
.....Petitioner(s)
Versus
Deepak Chauhan
.....Respondent(s)
Counsel for Petitioner(s) : Anjeet Singh
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. Issues a writ, order or direction in the nature of mandamus,
commanding and directing to pass and order directing the learned
Principal Judge, Family Court, Banda to decide the Divorce Petition
no.370 of 2026, (Deepak Chauhan VS Smt. Shiksha Devi) under section
138 Hindu Marriage Act, 1955 filed by the petitioner within stipulated
period."
2. This is a petition on behalf of wife. It is contended that petitioner was
married to respondent according to Hindu Rites and Customs in the year
2024. A matrimonial dispute has arisen between the parties which led
them living separately. A petition under Section 13-B of Hindu Marriage
Act was filed on 14.08.2026 before the Principal Judge, Family Court,
Banda for divorce by mutual consent, which has been registered as
Divorce Petition No.370 of 2026 and the same is pending consideration.
The present writ petition has been filed for expeditious disposal of the
same.
3. Learned counsel for petitioner states that mediation has failed between
the parties.
4. This Court finds that no application has been moved for waiving off
cooling period as the statutory period has not elapsed.
5. In view of the said fact, as no useful purpose would be served in
A227 No. 13865 of 2026
2
keeping the matter pending, or calling for counter affidavit or issuing
notice to the respondent, the matter is being disposed of granting liberty
to either of parties to move an application before court concerned for
waiving off cooling period. In case, such application is moved, the court
concerned shall consider the said application and decide the same within a
period of three weeks, from the date of filing of the application, strictly in
accordance with law, 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 .
6. With the aforesaid direction, present writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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