Smt. Vandana @ Ujjawal vs Anu Bhardwaj
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Allahabad High Court

Smt. Vandana @ Ujjawal vs Anu Bhardwaj on 9 January, 2025

Author: Ashwani Kumar Mishra

Bench: Ashwani Kumar Mishra

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:5259-DB
 
Court No. - 29
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 895 of 2024
 

 
Appellant :- Smt. Vandana @ Ujjawal
 
Respondent :- Anu Bhardwaj
 
Counsel for Appellant :- Aditya Vardhan Singh,Nikil Pathak,Sunil Kumar Mishra
 

 
Hon'ble Ashwani Kumar Mishra,J.
 

Hon'ble Donadi Ramesh,J.

This appeal is directed against an order passed by the Family Court on 02.04.2024, dismissing the 13-B petition filed by the wife as she failed to appear before the Court for recording of her second statement. Restoration application filed in the matter has also been rejected. The primary reason for rejection of such application is the fact that this Court in a petition under Article 227 No. 3944 of 2023 also expedited the proceedings and directed the matter to be concluded within 45 days and since, such period had expired therefore, the Court refused to adjourn the matter or restore the case on the application of the wife.

Learned counsel for the appellant argues that there was lack of effective communication which led to the appellant-wife appearing before the Court below for recording her second statement in 13-B proceedings. Argument is that both the parties have amicably resolved to part ways and in such circumstances, keeping the matter pending any further would only elongate their suffering. Reliance has placed upon judgment of the Supreme Court rendered in Shilpa Shailesh Vs. Varun Sreenivasan, 2023 LiveLaw (SC) 375.

Sri Anurag Ojha, learned counsel appearing for the respondent-husband has no objection to the appeal being allowed as the husband also wants the marriage to be dissolved on the application of the wife filed under Section 13-B of the Hindu Marriage Act, 1955.

In view of the facts of the present case as also the stand taken by the parties before us, we are of the view that no useful purpose would be kept in keeping the matter pending any further or to summon the Trial Court record.

In such circumstances, with the consent of learned counsel for the parties, the Civil Misc. Delay Condonation Application No. 01 of 2023 is allowed. The appeal is treated to have been filed within time. The appeal is also taken on Board and in view of the stand taken by learned counsel for the parties, we allow the appeal, set aside the impugned judgment and order dated 02.04.2024, passed by Principal Judge, Family Court, Bulandshahar in Divorce Petition No. 1011 of 2023 and remit back the matter to the Family Court, Bulandshahar for a fresh consideration of cause in the matter.

Since, both parties are present, we are of the view that the matter be fixed at an early date for them to appear before the Court concerned. For such purposes, we direct the parties to appear before the concerned Family Court on 28.01.2025. Both the parties undertake that they shall not seek any further adjournment and the Family Court is requested to take up the matter as per his earliest convenience, so that the dispute is finally resolved.

Order Date :- 9.1.2025

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