Allahabad High Court
A227/13865/2026 of SMT. SHIKSHA DEVI Vs DEEPAK CHAUHAN on 30 September 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13865 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "I. Issues a writ, order or direction in the nature of mandamus, commanding and directing to pass and order
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13865 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. This writ petition has been filed with the following prayer:- "I. Issues a writ, order or direction in the nature of mandamus, commanding and directing to pass and order directing the learned Principal Judge, Family Court, Banda to decide the Divorce Petition no.370 of 2026, (Deepak Chauhan VS Smt. Shiksha Devi) under section 138 Hindu Marriage Act, 1955 filed by the petitioner within stipulated period."
2. This is a petition on behalf of wife. It is contended that petitioner was married to respondent according to Hindu Rites and Customs in the year 2024. A matrimonial dispute has arisen between the parties which led them living separately. A petition under Section 13-B of Hindu Marriage Act was filed on 14.08.2026 before the Principal Judge, Family Court, Banda for divorce by mutual consent, which has been registered as Divorce Petition No.370 of 2026 and the same is pending consideration. The present writ petition has been filed for expeditious disposal of the same.
3. Learned counsel for petitioner states that mediation has failed between the parties.
4. This Court finds that no application has been moved for waiving off cooling period as the statutory period has not elapsed.
5. In view of the said fact, as no useful purpose would be served in Versus Counsel for Petitioner(s) : Anjeet Singh Counsel for Respondent(s) :
Smt. Shiksha Devi .....Petitioner(s) Deepak Chauhan .....Respondent(s)
keeping the matter pending, or calling for counter affidavit or issuing notice to the respondent, the matter is being disposed of granting liberty to either of parties to move an application before court concerned for waiving off cooling period. In case, such application is moved, the court concerned shall consider the said application and decide the same within a period of three weeks, from the date of filing of the application, strictly in accordance with law, in light of the decision 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 .
6. With the aforesaid direction, present writ petition stands disposed of.
October 1, 2026 (V. S. SINGH) A227 No. 13865 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad