Allahabad High Court
SMT HIMANSHI SAVITAversusKUNDAN
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The order rejecting the waiver of the cooling period is set aside and the matter is remitted to the family court for fresh consideration.
Summary
The petitioner, married under Hindu rites on 5 March 2025, filed a joint petition for mutual divorce under Section 13B of the Hindu Marriage Act on 16 March 2026. An application to waive the statutory cooling period was filed on 8 April 2026 but was rejected by the family court. The petitioner challenged this rejection via a writ petition under Article 227, arguing that the lower court had not considered relevant Supreme Court precedent. The High Court held that the lower court’s rejection was cursory and set aside the order, directing the family court to reconsider the waiver application in light of 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 allowed, and the matter was remitted for fresh determination within two weeks of the certified copy of the order. The decision underscores the need for proper application of the Supreme Court’s guidelines on waiving the cooling period in mutual divorce cases.
Issues considered
- Whether the family court erred in rejecting the application for waiving the cooling period in a mutual divorce proceeding.
- Whether the Supreme Court’s decision in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 is applicable to the present case.
Legislation cited
- Hindu Marriage Act — s. 13B
Subjects
- mutual divorce
- cooling period
- waiver
- Hindu Marriage Act
- Article 227
- family court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 9779 of 2026
Smt Himanshi Savita
.....Petitioner(s)
Versus
Kundan
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Pandey
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The petitioner was married to the opposite party according to the
Hindu rites and custom on 05.03.2025. Matrimonial dispute has arisen
between the parties, due to which, they are living separately. A joint
petition for mutual divorce was filed under Section 13B of the Hindu
Marriage Act on 16.03.2026, in which, an application for waiving of the
cooling period was filed on 08.04.2026, which has been rejected by the
order impugned.
2. After hearing the counsel for the petitioner and perusing the material on
record, I find that the court below has proceeded to reject the application
for waiving of the cooling period in a cursory manner. In view of the said
fact, the order dated 26.05.2026 is hereby set aside and the matter is
remitted back to the Additional Principal Judge, Family Court No. 3,
Kanpur Nagar to decide the application afresh for waiving of the cooling
period filed on 08.4.2026 in light of the judgment 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 within a period of two weeks from the date of
production of certified copy of this order.
3. The writ petition stands allowed.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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