SWATI SINGH Vs. PRICIPAL JUDGE, FAMILY COURT, LUCKNOW

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Shishir Srivastava, learned counsel appearing for the respondent no. 2.

(2.) With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided.

(3.) Under challenge is an order dtd. 4/12/2020 passed by the learned Principal Judge, Family Court, Lucknow in Case No. 3137 of 2020 Inre; Swati Singh Vs. Shivam Trivedi. The said order was passed on an application dtd. 4/12/2020 filed by both the parties jointly praying for waiver of the cooling off period. Copy of the said application has been filed as annexure 3 to the petition. While filing the said application, reliance had been placed on the judgment of the Apex Court in the case of Amae Deep Singh Vs. Harveen Kaur reported in (2017) 8 SCC 746 whereby the Apex Court after laying down four conditions had held that the period mentioned in Sec. 13 B (2) of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955") was not mandatory and the same could be waived off.