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Allahabad High Court

VIVEK PARASHARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that it cannot order the Family Court to proceed until the petitioner files an application to waive the cooling‑off period, and therefore disposed the petition with such a direction.

Summary

The petitioner filed a petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Bareilly, to hear and decide his divorce petition (No. 266/2025) filed under Section 13‑B of the Hindu Marriage Act, 1955, within a stipulated period. The petitioner argued that the divorce case should be expedited, but the High Court noted that neither party had filed an application to waive the statutory cooling‑off period. On being asked, the petitioner’s counsel confirmed the absence of such an application. Consequently, the High Court disposed of the petition, directing the petitioner to first move an application for waiving the cooling‑off period before the Family Court. The Court further directed that, upon filing, the Family Court should decide the matter expeditiously, preferably within two weeks, in line with the Supreme Court’s guidelines in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 and a prior High Court judgment.

Issues considered

  • Whether the High Court can directly order the Family Court to hear and decide a divorce petition without a waiver of the cooling‑off period.
  • Whether the petitioner must first file an application for waiving the cooling‑off period before the Family Court can be directed to expedite the hearing.

Legislation cited

Subjects

  • divorce
  • cooling‑off period
  • Hindu Marriage Act
  • family court
  • supervisory jurisdiction
  • Article 227
  • expeditious disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 3476 of 2026

                                    Vivek Parashar
                                                                                                            .....Petitioner(s)
                                                                              Versus
                                    State of U.P. and Another
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Musharraf Ali, Salman Ahmad
                                    Counsel for Respondent(s)                      :   C.S.C.

                                    Court No. - 5
                                                          HON'BLE MANISH KUMAR NIGAM, J.

                                    1. This petition has been filed for the following relief:-


                                    "i. Command and direct the learned Principal Judge Family Court, Bareilly to hear
                                    and decide the divorce petition no. 266/2025, "Vivek Parashar vs. Richa Sharma" u/s
                                    13-B Hindu Marriage Act" within stipulated period fixed by this Hon'ble Court."

                                    2. It has been contended by learned counsel for the petitioner that a petition under
                                    Section 13-B of the Hindu Marriage Act, 1955 was filed by the petitioner in the court
                                    of Principle Judge (Family Court), Bareilly. He prayed that the same may be decided
                                    expeditiously.


                                    3. On a query being made by this Court, counsel for the petitioner states that no
                                    application for waiving the cooling off has been filed by either of parties before the
                                    Principle Judge (Family Court), Bareilly.


                                    4. Accordingly, the petition is disposed of with direction to the petitioner to move an
                                    appropriate application for waiving off cooling period before Principle Judge (Family
                                    Court), Bareilly. In case, such an application is filed, Principle Judge (Family Court),
                                    Bareilly will decide the same expeditiously preferably within a period of two weeks
                                    thereafter, considering the guidelines issued by the Hon'ble Supreme Court in case of
                                    Amardeep Singh vs. Harveen Kaur; (2017) 8 SCC 746 as well as judgment of this
                                    Court in Matters Under Article 227 No.1886 of 2020 (Smt. Pratibha v. Gaurav).

                                    March 19, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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