LAYAK SINGH Vs. EKTA KUMARI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) This petition has been filed challenging the order dtd. 10/1/2014 passed by Principal Judge, Family Court, Agra rejecting the application filed by the petitioner as well as opposite party under Sec. 13-B(2) of the Hindu Marriage Act for waiving off the 'cooling period' in H.M.A. Case No. 2978 of 2023 (Layak Singh v. Smt. Ekta Kumari, under Sec. 13-B of the Hindu Marriage Act).

(3.) Brief facts of the case are that the petitioner Layak Singh was married to the opposite party Smt. Ekta Kumari on 29/6/2020 at Sundarpada Thana Nai Ki Mandi, District Agra. Soon after the marriage, both the parties found that it was not possible for them to live together and opposite party Ekta Kumari left the matrimonial home on 28/10/2020. Despite best efforts made by the family members and other members of the society, they failed to resolve their dispute and were adamant to take divorce. Both the parties lodged cases, against each other. The petitioner as well as the opposite party came to an agreement that the petitioner would pay a sum of ? 6,00,000/- to the opposite party and they would divorce each other. An application under Sec. 13-B of the Hindu Marriage Act was filed by the petitioner as well as opposite party on 10/11/2023 for divorce on the basis of compromise entered into between the parties. On 10/11/2023, the Principal Judge, Family Court, Agra, fixed 13/3/2024 for mediation and 13/5/2024 for second motion. On 9/1/2024, a joint application was moved by the petitioner as well as opposite party for early disposal of divorce petition on the ground that the petitioner had applied for service in various states outside the State of Uttar Pradesh but because of pendency of the case, the petitioner was unable to join the service. It was also mentioned that the opposite party also wants to get the petition decided expeditiously so that she may live separately. The application so filed by the petitioner was rejected by the Principal Judge, Family Court, Agra by its order dtd. 10/1/2024, hence the present petition.