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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
V.K. Birla, J
Sudhir Mishra – Appellant
Versus
Jyoti Mishra – Respondent
| Table of Content |
|---|
| 1. challenging rejection of cooling-off waiver. (Para 1 , 2 , 3) |
| 2. arguments for waiver based on prior agreements. (Para 4 , 5) |
| 3. recognition of failed mediation and expedited disposal. (Para 6 , 11) |
| 4. court's observation about maturity and decisions taken by parties. (Para 8 , 9) |
| 5. final decision to allow the appeal and waive cooling-off. (Para 10 , 12) |
1. Heard Sri Yogesh Singh, learned counsel for the appellant and Sri Indrakesh Kumar Sharma, learned counsel appearing for the sole respondent.
2. Present appeal has been filed challenging the order dated 9.1.2024 passed by the Additional Principal Judge, Family Court, Varanasi in Divorce Petition No. 2087 of 2023 (Sudhir Mishra v. Jyoti Mishra).
3. By the impugned order the application paper no. 11(Ga) filed by the appellant for early disposal of the divorce petition by waiving off the cooling period was rejected by the court below on the ground that no mediation has taken place between the parties. The application was filed to the effect that the divorce petition filed on consent basis under S.13 - B of the Hindu Marriage Act be decided before the next date fixed i.e. 6.7.2024. The application was primarily rejecte
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