Ved Prakash vs Smt Pappi @ Mamta
2023 Latest Caselaw 5805 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- FIRST APPEAL No. - 509 of 2021
 

 
Appellant :- Ved Prakash
 
Respondent :- Smt Pappi @ Mamta
 
Counsel for Appellant :- Sarvajeet Singh
 
Counsel for Respondent :- Umesh Chandra Tiwari
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

Heard Shri Sarvajeet Singh, learned counsel appearing for the appellant/plaintiff and Shri Umesh Chand Tiwari, learned counsel appearing for the respondent/defendant.

The instant appeal has been filed against the judgment and order dated 20 February 2021, passed by Principal Judge, Family Court, Budaun, in original suit No. 224 of 2020 (Vedprakash Vs. Smt. Pappy), under Section 13, Hindu Marriage Act, 1955 (for short 'Act'), whereby the suit came to be dismissed.

Learned counsel for the parties have filed supplementary affidavit and reply to the supplementary affidavit dated 20 March 2022, wherein, it has been stated that the parties have filed an appropriate application under Section 13B of the Act, seeking divorce on mutual consent.

Accordingly, it is prayed that the appeal be dismissed as withdrawn with a direction to the trial court to dispose of the petition under Section 13B of the Act, expeditiously.

In view thereof, on consent, the appeal is dismissed as withdrawn with liberty to the appellant/plaintiff to press the petition under Section 13B of the Act, seeking divorce on mutual consent. It is expected that the trial court shall decide/dispose of the petition under Section 13B of the Act, expeditiously preferably within one month from the date of filing of certified copy of this order, provided there is no other impediment.

Order Date :- 21.2.2023

Mukesh Pal