Smt. Juhi vs Prashant Pandey
2021 Latest Caselaw 1903 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- FIRST APPEAL No. - 3 of 2021
 

 
Appellant :- Smt. Juhi
 
Respondent :- Prashant Pandey
 
Counsel for Appellant :- Bashisth Narain Pandey
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Sanjay Kumar Pachori,J.

In the present matter notice was issued to the respondent on delay condonation application vide order dated 10.2.2020. Finally, the Court has proceeded to pass the following order on 17.12.2020.

"Office report dated 16.12.2020 indicates that notice issued to the opposite party has not returned after service.

In this view of the matter, service of notice to the opposite party is deemed sufficient. Accordingly, the delay in filing the appeal beyond ten days is condoned. Office is directed to allot a regular number to this appeal.

Let the matter be listed in the additional cause list in the week commencing 01.02.2021. "

In spite of service of notice, plaintiff/respondent is not present.

Heard learned counsel for the appellant.

The appellant is before this Court assailing the judgment and order dated 15.10.2019 passed by Principal Judge, Family Court, Gorakhpur in Matrimonial Petition No. 943 of 2018 (Prashant Pandey Vs. Smt. Juhi), under Section 13 of Hindu Marriage Act dismissing the application of the plaintiff-respondent on the ground that he was regularly absent before the court below.

The Court has proceeded to examine the record in question and finds against the judgment and order dated 15.10.2019, the appellant has got efficacious remedy to move an appropriate recall application along with delay condonation application in the aforesaid Matrimonial Petition or may institute an independent application under Section 13 of Hindu Marriage Act before the court below. In the facts and circumstances of the case, no interference is required by this Court.

Once the Court has declined to interfere, learned counsel for the appellant fairly states that he does not intend to press the present appeal and the same may be dismissed as not pressed with the liberty to approach the court below.

Consequently, the present appeal is dismissed as not pressed with the aforesaid liberty.

Certified copy of the judgment may be returned to learned counsel for the appellant keeping a copy of the same on record.

Order Date :- 2.2.2021

A.K.Srivastava