Ashwani Pandey v. Shiva Pandey

Heard learned counsel for the petitioner and perused the record.

The petition has been filed for the following relief: "set aside the order dated 08.07.2025 (Annexure -1) passed by learned Principal Judge, Family Court, Sonbhadra rejecting the application to waive the cooling off period of six months as well as order dated 02.07.2025 (Annexure -2) in so far as the date for second motion is concerned i.e. 02.01.2016 in case No. 245/2025 (Shiva Pandey vs. Ashwani Pandey) filed u/s 13-B of Hindu Marriage Act, 1955; b) allow the application dated 08.07.2025 (Annexure -4) and direct the learned Principal Judge, Family Court, Sonbhadra to proceed further expeditiously as possible on the date fixed by this Hon'ble Court. "

It has been contended by counsel for the petitioner that the application filed by the petitioner for waiving the cooling off period as provided under Section 13-B of the Hindu Marriage Act, 1955 has been rejected by the order impugned without recording any reasons by the Family Court only on the ground that the Act provides for such a cooling period. Counsel for the petitioner relied upon judgment of this Court passed in Matters Under Article 227 No. 1886 of 2020 (Smt. Pratibha Vs. Gaurav) on 04.03.2020, wherein this Court has taken a view that such period can be waived off.

Since the order impugned has been passed only on the ground that the statute provides for cooling off period, it would be appropriate that the order impugned be set aside and the family court be directed to consider and decide the application afresh in view of guidelines issued by this Court in case of Smt. Pratibha Vs. Gaurav (supra).

The Principal Judge, Family Court, Sonbhadra is directed to consider and decide the application afresh keeping in view the guidelines issued by this Court in Smt. Pratibha Vs. Gaurav (supra).