Amar Singh vs Smt. Anita Singh Harit
2024 Latest Caselaw 15728 ALL

Allahabad High Court

Amar Singh vs Smt. Anita Singh Harit on 6 May, 2024

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81171-DB
 
Court No. - 29
 

 
Case :- FIRST APPEAL No. - 320 of 2024
 

 
Appellant :- Amar Singh
 
Respondent :- Smt. Anita Singh Harit
 
Counsel for Appellant :- Kamesh Kumar Arya,Vijay Kumar,Vimal Kant
 
Counsel for Respondent :- Rahul Pandey,Rang Nath Pandey
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Vijay Kumar, learned counsel for the appellant and Sri Rang Nath Pandey, learned counsel appearing for the respondent-wife.

2. The present writ petition has been filed for the following relief:

"To allow the appeal and the judgment dated 31.08.2022 and decree dated 14.09.2022 passed by learned Principal judge, Family Court, Moradabad in Case No.693 of 2018 (Smt. Anita Singh Harit versus Amar Singh) be set-aside and the case decreed through out with cost and to grant such other relief to which the appellant is found entitled under the facts and circumstances of the case."

3. By the impugned order dated 31.08.2022, the divorce petition filed under Section 13B of the Hindu Marriage Act was dismissed in absence of consent of the wife. It has been recorded that she has stopped attending the case, therefore, there was no consent.

4. Vide order dated 28.03.2024, the matter was referred to Mediation Centre, however, as per mediation report dated 04.05.2024, mediation was completed but no agreement was reached. We, therefore, proceed to hear the matter on merits.

5.On a pointed query that as to how the appeal can be allowed in the absence of the consent of the respondent-wife, learned counsel for the appellant submits that he may be permitted to withdraw the present petition and leaving it open to the appellant that in case if he so desires, may file regular divorce petition before the competent court. He further submits that he may also be permitted to withdraw the amount deposited before the Court below as already provided by the judgment and decree dated 31.08.2022.

6. The appeal is accordingly dismissed as withdrawn with liberty aforesaid.

Order Date :- 6.5.2024

Abhishek Gupta