Allahabad High Court
A227/13699/2026 of MAHESHCHANDRA Vs SMT. SAVITA CHAUDHARY on 29 September 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13699 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "i) Issue an appropriate order or direction, directing the Principal Judge, Family Court, Hathras,
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13699 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) Issue an appropriate order or direction, directing the Principal Judge, Family Court, Hathras, District-Hathras to decide the Divorce Petition/Case No.-581 of
(Smt. Savita Chaudhary Vs. Maheshchandra), file Under Section-13B of Hindu Marriage Act, within stipulated period as this Hon'ble Court may deem fit and proper."
2. It is contended by learned counsel for the petitioner that petition under Section 13B of Hindu Marriage Act, 1955 was filed on 29.08.2026, which is pending consideration. The prayer is for expediting the same.
3. Section 13B(2) of the Act provides for the time limit for filing the second motion.
4. As no application for waiving off the cooling period has been filed, the petitioner is granted opportunity to approach the court concerned by filing an application for waiving off the cooling period. In case, such application is filed, the same shall be decided by court concerned expeditiously preferably within a period of next two months, from the date of filing the application, 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. Versus Counsel for Petitioner(s) : Sanjay Kumar Dubey Counsel for Respondent(s) :
Maheshchandra .....Petitioner(s) Smt. Savita Chaudhary .....Respondent(s)
5. With the aforesaid directions, writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the matter on merits. September 30, 2026 (V. S. SINGH) A227 No. 13699 of 2026
(Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad