In this matrimonial writ petition, the court held that the proceeding was infructuous as the lower appellate court had stayed the ex parte divorce order and directed parties to appear for the trial on merits. The writ was dismissed to restart the trial.
The writ petition was dismissed as infructuous; proceedings are to be restarted by the trial court.
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Court No. - 30
Case :- WRIT - C No. - 54485 of 2004
Petitioner :- Rajeev Kumar Respondent :- Smt. Vinita Devi Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- S.C.,A.R.S Ingh
Hon'ble Umesh Chandra Sharma,J.
Heard Sri Deepak Kumar Srivastava, learned counsel for the petitioner and Sri Jitendra Narayan Rai, learned Additional Chief Standing Counsel for the respondent.
Learned counsel for the petitioner states that in spite of his best efforts, he could not contact with the petitioner.
From perusal of the record it transpires that an ex parte decree of divorce was obtained by the petitioner and thereafter he solemnized second marriage. After knowing about the ex parte decree, the respondent-wife moved a restoration application which was rejected by the Civil Judge (Senior Division), Shahjahanpur against which an appeal was preferred which was allowed by the Court of Additional District Judge, Court No.3, Shahjahanpur and both the parties were directed to appear before the Civil Judge (Senior Division), Shahjahanpur who shall decide the divorce petition on merit after affording opportunity of hearing to both the parties.
Being aggrieved the petitioner preferred this writ petition in which this Court has stayed the order of the lower appellate court on 23.12.2004.
Considering the averments of the counsel for the petitioner the petition is dismissed as infructuous.
Registrar (Compliance) shall send a copy of this order to the District Judge/Family Court, Shahjahanpur who shall restart proceedings of Hindu Marriage Petition No.390 of 1991 after giving notice to both the parties.
Order Date :- 15.12.2022 Shahroz
Digitally signed by SHAHROJ ALAM Date: 2022.12.16 13:37:40 IST Reason: Location: High Court of Judicature at Allahabad
Rajeev Kumar
Smt. Vinita Devi
Umesh Chandra Sharma
As recorded by the court registry
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