Single judge dismissed a writ petition challenging an interim order as infructuous since no party appeared, as the petition had lost interest.
Petitioner granted liberty to file an application for recalling the order if any cause of action survives.
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Court No. - 6
Case :- WRIT - C No. - 67122 of 2013
Petitioner :- Suman Devi Respondent :- Shiv Pratap @ Deepu Yadav Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- S.C.
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed assailing the validity of the order dated 25.10.2013 passed by the Additional District Judge, Court No. 1, Fatehpur on an application filed under Section 24 of the Hindu Marriage Act in Case No. 55 of 2013.
As per the averment made in the writ petition, petitioner was married with the opposite party on 26.04.2008 according to Hindu rites and rituals but due to matrimonial dispute arising between the parties divorce proceedings were initiated in the year 2013 which is pending before the Court of Additional District Judge, Court No. 1, Fatehpur. In the said proceedings, an application has been moved under Section 24 of the Hindu Marriage Act by the petitioner for enhancing the amount awarded as maintenance pendente lite.
As the matter is of the year 2013 and no one has appeared from either of the parties, it transpires that petitioner has lost interest and matter has become infructuous.
Writ petition is dismissed as infructuous.
However, in case, any cause of action survives the petitioner shall have liberty to file an application for recalling of this order.
Order Date :- 16.11.2021 Shekhar
1 issue framed by the court
Whether the writ petition assailing the validity of an infructuous interim order abetting divorce proceedings require adjudication.
Suman Devi
Shiv Pratap @ Deepu Yadav
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
