Allahabad High Court
ASHISH GAUTAMversusVINITA GAUTAM
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The order dated 30.03.2026 rejecting the cooling period is set aside and the matter is remitted to the Family Court to pass a fresh order on the cooling period.
Summary
The petitioner, Ashish Gautam, married Vinita Gautam in 2011 and the couple have been living separately since January 2020. The petitioner filed a petition under Section 13B of the Hindu Marriage Act on 19 February 2026, seeking divorce, and also applied for a cooling period, which the Family Court rejected on 30 March 2026. The petitioner challenged that order before the Allahabad High Court under Article 227, relying on the Supreme Court decision in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 and a prior High Court decision (Article 227 No. 1607 of 2024). The respondent argued that the cooling period should be waived. The High Court, noting the prolonged separation and ongoing matrimonial discord, set aside the Family Court’s order and remitted the matter for a fresh determination of the cooling period, disposing of the petition.
Issues considered
- Whether the Family Court erred in rejecting the application for a cooling period under Section 13B of the Hindu Marriage Act.
- Whether the precedent set in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 is applicable to the present case.
- Whether the cooling period can be waived in divorce proceedings under the Hindu Marriage Act.
Legislation cited
- Hindu Marriage Act — s. 13B
Subjects
- Divorce
- Cooling period
- Section 13B
- Hindu Marriage Act
- Article 227
- Judicial review
- Family law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5295 of 2026
Ashish Gautam
.....Petitioner(s)
Versus
Vinita Gautam
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Srivastava Iii, Sanjeev Kumar
Counsel for Respondent(s) : Vaishnavi Tripathi
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Arvind Srivastava-III, learned counsel for the plaintiff-
petitioner and Ms. Vaishnavi Tripathi, learned counsel for the defendant-
respondent.
2. The case of the plaintiff-petitioner is that the marriage of the plaintiff-
petitioner stood solemnized with the defendant-respondent on 18.06.2011
as per Hindu Rites and Rituals. However, due to matrimonial discord,
they are living separately since 01.01.2020. Petition under Section 13B
came to be instituted on 19.02.2026 before the Court of Additional
Principal Judge, Family Court No. 1, Agra and an application also came
to be preferred for hearing on the cooling period. The said application has
been rejected by virtue of the order dated 30.03.2026 by the Court of
Additional Principal Judge, Family Court No. 1, Agra in Case No. 453 of
2026.
3. Questioning the same, the present petition came to be preferred
4. Learned counsel for the plaintiff-petitioner has sought to argue that the
order dated 30.03.2026 has not been passed in correct perspective.
Submission is that the case of the plaintiff-petitioner stands covered in
view of the judgment in Amardeep Singh vs Harveen Kaur (2017) 8 SCC
746 followed by this Court in Matters under Article 227 No. 1607 of 2024
decided on 21.03.2024.
5. Ms. Vaishnavi Tripathi, learned counsel for the defendant-respondent
as per instructions received from her client submits that the cooling period
A227 No. 5295 of 2026
2
be waived of in that regard.
6. Having heard the submission and bearing in mind the fact that the
parties are living separately since 01.01.2020 and further there is a
matrimonial discord and the parties have also instituted proceedings under
Section 13B of the Hindu Marriage Act and even otherwise, the first
motion is already over, thus, bearing in mind the aforesaid factual
situation, the order dated 30.03.2026 passed by the Additional Principal
Judge, Family Court No. 1, Agra in Case No. 453 of 2026 is set aside.
Matter stands remitted back to the court below to pass a fresh order on the
cooling period.
7. With the aforesaid observation, the present petition stands disposed of.
(Vikas Budhwar,J.)
May 6, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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