Smt. Shivani v. Ashutosh
Case at a glance
Outcome
Disposed of
With the aforesaid observations, writ petition stands disposed of
Provisions considered
Key paragraphs
- Para 44. With the aforesaid observations, writ petition stands disposed of. Order Date :- 5.3.2025 Shekhar SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad
Judgment
Petitioner :- Smt. Shivani Respondent :- Ashutosh Counsel for Petitioner :- Chandra Shekhar Kushwaha Hon'ble Rohit Ranjan Agarwal,J.
#1. This writ petition has been filed with the following prayer; "It is therefore Most respectfully prayed that this Hon'ble court may graciously be pleased to issue interim direction to the Principal Judge Family court to decide the Suit no 160 of 2025, Smt. Shivani vs Ashutosh, under section 13-B of Hindu Marriage Act, pending before the learned Principal Judge, Family court, Saharanpur expeditiously as possible preferably within the stipulated period of time as granted by this Hon'ble court or to pass such other and further order which this Hon'ble court may deem fit and proper under the facts and circumstances of the case, otherwise the petitioner shall suffer irreparable loss and injury."
#2. The prayer made in the writ petition cannot be granted as petition under Section 13-B of Hindu Marriage Act, 1955 was moved on 29.01.2025 and there is no application for waiving of cooling period as provided under Section 13-B (2) of Hindu Marriage Act, 1955. Petition, at this stage, is not maintainable.
#3. However, it is left open to petitioner to move the necessary application before the Court concerned under Section 13-B (2) of the Act of 1955 and, in case the said application is moved, the Court concerned shall consider and decide the same, in accordance with law, keeping in mind the decision of Apex Court rendered in case of Amardeep Singh Vs. Harveen Kaur 2017 (8) SCC 746.
#4. With the aforesaid observations, writ petition stands disposed of. Order Date :- 5.3.2025 Shekhar SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid observations, writ petition stands disposed of
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955.
Which court decided this case, and when?
Allahabad High Court, on 05 Mar 2025.
Precedent status how later indexed judgments have treated this case
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