WPMS/2760/2024
2025 Latest Caselaw 5416 UK

Uttarakhand High Court

WPMS/2760/2024 on 11 November, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

             Office Notes, reports, orders or
SL.          proceedings or directions and
      Date                                                                   COURT'S OR JUDGES'S ORDERS
No                Registrar's order with
                       Signatures




                                                WPMS No.2760 of 2024
                                                Hon'ble Pankaj Purohit, J.

Mr. Sanjay Kumar, learned counsel for the petitioner-husband.

2. Mr. Nikhil Kushwaha, learned counsel for the respondent-wife.

3. A suit for mutual divorce has been filed by the parties in the court of Family Judge, Kashipur, District Udham Singh Nagar, which is registered as Suit No.413 of 2024, Smt. Gagandeep Kaur vs. Tejpal Singh. In the said suit, an application has been moved by the parties to waive of the period of six months, in view of the fact that both the parties are living abroad and to grant them mutual divorce. The said application was rejected by the learned Family Judge vide judgment and order dated 27.09.2024. It is feeling aggrieved by the said order, petitioner is before this Court.

4. Learned counsel for the petitioner candidly submitted before this Court that the relief no.(i) claimed in the present writ petition has rendered infructuous for the reason that the period of six months has already elapsed. The matter is still pending consideration for mutual divorce before the Family Judge, Kashipur,

5. In view of the statement made by learned counsel for the parties, the prayer no.(i) has rendered infructuous. Accordingly, the writ petition is dismissed

as infructuous so far as prayer no.(i) is concerned.

6. So far as prayer no.(ii) is concerned, whereby the petitioner prayed this Court to direct the learned Family Judge to permit the petitioner to appear through V.C. in the divorce petition at the time of second motion is concerned, the said prayer has been made by the petitioner before this Court first time without making any application before the learned trial court.

7. The writ petition is disposed of so far as prayer no.(ii) is concerned with the observation that the parties shall make an application to the learned Family Judge for permitting them to appear through V.C. in the proceedings at the time of second motion and if such an application is moved, the same shall be considered by the learned Family Judge, in accordance with law.

(Pankaj Purohit, J.) 11.11.2025 AK