Allahabad High Court

HIMANSHU SINGHversusRASHMI SINGH

Decided: 17 May 2026
Bench: VIKAS BUDHWAR

Holding

The writ petition is disposed, granting liberty to move a fresh application for waiver, without setting aside the impugned order.

Summary

The petitioners Himanshu Singh and Rashmi Singh were married on 24‑11‑2024 but lived separately. The petitioner sought a waiver of the six‑month cooling period prescribed under Section 13‑B of the Hindu Marriage Act for filing a dissolution suit, but the Family Court rejected the waiver on 10‑02‑2026. The petitioner filed a writ petition under Article 227 seeking to set aside that order and to direct a decree of dissolution. The High Court dismissed the writ, but allowed the petitioner to file a fresh, properly worded application for waiver, directing the Family Court to decide it within four weeks in line with Supreme Court guidelines in Amardeep Singh v. Harveen Kaur and the Court’s own precedent. The Court also emphasized the need to expedite the dissolution suit under Section 21‑B of the Hindu Marriage Act. Consequently, the writ petition was disposed without overturning the impugned order.

Issues considered

Whether the order rejecting the waiver of the cooling period under Section 13‑B of the Hindu Marriage Act can be set aside.
Whether the petitioner should be permitted to file a fresh application for waiver of the cooling period.
Whether the dissolution suit must be expedited under Section 21‑B of the Hindu Marriage Act.

Legislation cited

Hindu Marriage Act, 1955 — s. 13-B, 21-B

Subjects

Hindu Marriage Act
Section 13-B
Section 21-B
cooling period
waiver
divorce
dissolution of marriage
Article 227
Family Court
fresh application

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5083 of 2026

Himanshu Singh
.....Petitioner(s)
Versus

Rashmi Singh
.....Respondent(s)

Counsel for Petitioner(s) : Ashok Kumar Mishra, Avesh Mishra
Counsel for Respondent(s) : Rashid Ali

Court No. - 5
HON'BLE VIKAS BUDHWAR, J.

1. Heard Sri Avesh Mishra, learned counsel for the defendant-petitioner and
Sri Rashid Ali for the plaintiff-respondent.

2. The case of the defendant-petitioner is that the marriage of the defendant-
petitioner stood solemnized with plaintiff-respondents on 24.11.2024 and
they are living separately. An application for cooling of period was preferred
which came to be rejected on 10.02.2026, against which Matters under
Article 227 No.2372 of 2026, Himanshu Singh vs. Rashmi Singh came to be
preferred, in which on 23.02.2026, the following order was passed:-

"1. This petition has been filed for the following reliefs:
"a.To set aside the order dated 10.02.2026 passed by Principle Judge Family Court in
case no. 489 of 2025 (Rashmi Singh v/s Himanshu Singh) under section 13-B of Hindu
Marriage Act, as well as further be pleased waived the cooling period of six months as
provided in Section 13-B of Hindu Marriage Act, otherwise the petitioners shall suffer
irreparable loss and injury
b.To direct the court concerned to entertain the case no. 489 of 2025 (Rashmi Singh
v/s Himanshu Singh) under section 13-B of Hindu Marriage Act and pass a decree of
dissolution of marriage in favour of petitioner."
2. The application filed for waiving off the cooling period has been rejected by the
court below by order impugned.
3. It has been submitted by learned counsel for the petitioner that application for
waiving off the cooling period is not happily worded and the petitioner may be
permitted to move a fresh application.
4. In view of the same, the petition is disposed of with liberty to the petitioner to move
a fresh application with better particulars. In case, such an application is moved,
Principle Judge (Family Court) will decide the same expeditiously preferably within a
period of four weeks, considering the guidelines issued by the Hon'ble Supreme Court
A227 No. 5083 of 2026
2

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)
and without being prejudiced by the order impugned dated 10.02.2026."

3. Thereafter now, the impugned order has been passed on 25.03.2026
rejecting the application for waiving off the cooling period, by the Principal
Judge, Family Court, Sonbhadra.

4. Questioning the said order, present petition has been preferred.

5. Learned counsels for the parties submit that a direction be issued for
disposal of the suit in terms of the Section 21-B of Hindu Marriage Act,
1955.

6. In the opinion of the Court, once statute provides for expediting and
disposal of the suit in a time bound manner, then in the circumstances, it is
required from the court below to expedite the suit and conclude the same as
per the mandate contained in Section 21-B of the Hindu Marriage Act, 1955.

7. In view of the above, the writ petition stands disposed of.

May 18, 2026
N.S.Rathour

(Vikas Budhwar,J.)

Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad

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