Shraddha Shukla Alias Gunjan vs Addl. Prin. Judge Court No. 7 ...
2023 Latest Caselaw 12648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2074 of 2023
 

 
Petitioner :- Shraddha Shukla Alias Gunjan
 
Respondent :- Addl. Prin. Judge Court No. 7 Family Court Lucknow And 2 Others
 
Counsel for Petitioner :- Abhaya Kumar Dixit,Atul Kumar Dixit
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel for opposite party No.2. In view of order being passed, notices to opposite party No.1 stand dispensed with. Power on behalf of opposite party No.3 has been filed by Mr. B.D. Sharma Advocate which is taken on record.

Petition under Article 227 of Constitution of India has been filed against order dated 7th February, 2023 passed in Matrimonial Case No. 4357 of 2022 instituted by petitioner under Section 13(B) of Hindu Marriage Act for divorce by mutual consent.

Learned counsel for petitioner submits that the impugned order itself indicates that parties have been married for the past eight years and are also living separately since 14th May, 2019 and have arrived at a compromise between them, which has not been taken cognizance only on the ground that it has been arrived at outside the court proceedings. It is further submitted that although the judgment rendered by Hon'ble Supreme Court in the case of Amardeep Singh versus Harvin Kaur 2017 (8) SCC 746 has been noticed but has not been considered in its proper aspect.

Learned counsel for opposite party No.3 admits that parties have entered into compromise outside the court and that they are living separately since May, 2019.

Learned counsel for parties upon instructions consent to the matter being referred to the medication cell of this Court. For the said purpose, the case is referred to mediation cell of this court where the parties shall appear in person on 2nd May, 2023.

List this case on 11th May, 2023 as fresh along with report of mediation cell.

Parties shall submit an amount of Rs. 5000/- on or before the next date fixed before medication cell of this Court.

Order Date :- 24.4.2023

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