Abhishek Saraf vs Smt. Neha Soni
2023 Latest Caselaw 22084 MP

Madhya Pradesh High Court

Abhishek Saraf vs Smt. Neha Soni on 21 December, 2023

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VINAY SARAF
                                             ON THE 21 st OF DECEMBER, 2023
                                              MISC. PETITION No. 7521 of 2023

                           BETWEEN:-
                           ABHISHEK SARAF S/O BALRAM SARAF, AGED ABOUT
                           37 YEARS, OCCUPATION: BUSINESS R/O BALAJI WARD
                           NEAR BALAJI TEMPLE HATTA, DISTRICT DAMOH
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI SOMIT RAIZADA - ADVOCATE)

                           AND
                           SMT. NEHA SONI W/O ABHISHEK SARAF, AGED ABOUT
                           30 YEARS, OCCUPATION: D/O ASHOK SONI R/O 645
                           HANUMATAL GODHA NAKKAS POLICE STATION
                           HANUMANTAL TEHSIL AND DISTRICT JABALPUR
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENT


                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

Heard on admission.

2. Learned counsel for the petitioner submits that respondent has filed an application under Section 9 of Hindu Marriage Act, which is pending before the Family Court, Jabalpur and petitioner has filed an application under Section 13 of Hindu Marriage Act, which was decided by the II District Judge, Hata, District Damoh by judgment dated 9.10.2023, whereby the decree of divorce has been passed in favour of the petitioner. The said judgment and decree are

ex-parte. Thereafter, petitioner had moved an application before the Principal Judge, Family Court, Jabalpur for dismissal of the application filed by the respondent on the ground that the said has rendered infructuous.

3. By the impugned order dated 30.11.2023, the Principal Judge, Family Court, Jabalpur has dismissed the application filed by the petitioner on the ground that under Section 151 of C.P.C., no such relief can be granted and the application filed by the respondent under Section 9 of Hindu Marriage Act cannot be dismissed on the ground that the petitioner has obtained ex-parte decree of divorce.

4. Learned counsel for the petitioner prays for withdrawal of the present

petition.

5. Prayer is allowed.

6. Petitioner is permitted to withdraw the petition. However, it is made clear that at the time of deciding the application filed under Section 9 of Hindu Marriage Act, learned Family Court will consider the ex-parte decree passed in favour of petitioner, if the same is not challenged or set aside by the Court.

7. With the aforesaid observations, petition is dismissed as withdrawn.

(VINAY SARAF) JUDGE irf.