1. Heard learned counsel for the petitioner.
2. This writ petition has been filed, praying for a direction to be issued to opposite party no.1/ Principal Judge, Family Court, Lucknow to decide the Regular Suit No.1258/ 2021 under Section 13-B of Hindu Marriage Act, 1055 within the stipulated period as fixed by this Court.
3. It has been submitted by learned counsel for the petitioner that the marriage of petitioner was solemnized with opposite party no.2 on 20.04.2019.The relation between the parties became soured and the petitioner started living with her parents w.e.f. 08.10.2019. Petitioner and opposite party no.2 with mutual consent have filed a case for divorce under Section 13-B of the Hindu Marriage Act, 1955 before opposite party no.1 bearing Regular Suit No.1258 of 2021. When the case was taken up for admission, learned family court had fixed the case on 06.01.2022 for hearing in presence of both the parties. The father and mother of the petitioner are seriously ill and they are trying for re-marriage of the petitioner during the life time. Hence the application for early disposal of the case before opposite party no.1 has been filed , the same was rejected on 13.08.2021.
4. Learned counsel for the petitioner has placed reliance on the judgment of Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur, AIR 2017 SC 4117 and the judgment rendered by a Coordinate Bench of this Court in the matter under Article 227 of the Constitution of India bearing Petition No. 692 of 2020 ( Smt. Hemlata Parihar and others Vs. State of U.P. and others) wherein this Court after placing reliance of Amardeep Singh (supra) had observed that the "Cooling- off period of six months" is not mandatory to be observed in petitions filed for divorce by mutual consent.
5. Learned counsel for the petitioner has argued that petitioner's application was rejected on 13.08.2021 on misconceived grounds by opposite party no.1.
6. This Court has perused the order dated 13.08.2021 and finds that the opposite party no.1 has mentioned that the application for grant of maintenance under section 125 Cr.P.C. is pending disposal registered as Misc. Case No. 910 of 2020 in Original Suit No.1779 of 2020 filed by the petitioner in Kanpur Nagar under Section 13 of the Hindu Marriage Act and also Case no. 725 of 2020 under Section 12 of the Protection of Women against Domestic Violence Act,2005.
7. This Court finds that the grounds taken for rejection of application of the petitioner are untenable in laws the family court has failed to appreciate that the Original Suit No.1779 of 2020 wherein the application for maintenance has been filed by the petitioner has already been dismissed as withdrawn by the Family Court, Kanpur Nagar.
8. In so far as the Case no. 725 of 2020 under Section 12 of the Protection of Women against Domestic Violence Act,2005 is concerned, the same has been filed by the petitioner for the reason that her husband and his family members were not treating her properly.This reason cannot be a good ground for rejection of the application of the petitioner which has been filed alongwith her husband for expeditious hearing and disposal of the suit filed under section 13-B of the Hindu Marriage Act, 1955.
9. The order dated 13.08.2021 is set aside with the direction to opposite party no.1 to reconsider the application moved by the petitioner for expeditious disposal in the light of the law settled by Hon'ble the Supreme Court in case case of Amardeep Singh (supra). The application shall be considered and appropriate orders be passed thereon within three weeks from the date a certified copy of his order is produced before him.
10. The writ petition stands allowed.
Order Date :- 26.8.2021 dk/