Allowed

Neeraj Sharma v. Smt Beena Sharma

Allahabad HC4 Jul 2024FAPL/132/2024

Case brief

AI extract

What is this about?

In this first appeal under the Family Courts Act, the Allahabad High Court allowed the appeal filed by Neeraj Sharma against the dismissal of his divorce petition. The court set aside the impugned order and directed both parties to appear before the Family Court for a final decision on their matrimonial discord.

What did the court decide?

Appeal allowed; impugned order set aside; parties directed to appear before the court below on 1.8.2024 for further proceedings.

Neeraj Sharma vs Smt Beena Sharma — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 39

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Case :- FIRST APPEAL No. - 132 of 2024

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Appellant :- Neeraj Sharma Respondent :- Smt Beena Sharma Counsel for Appellant :- Ajay Kumar Pathak,Surendra Kumar Chaubey Counsel for Respondent :- Rahul Pandey,Sudhir Kant Dixit

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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Heard Shri Ajay Kumar Pathak, learned counsel for the appellant and Shri Rahul Pandey, learned counsel for the respondent.

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Present appeal has been filed under Section 19 of the Family Courts Act, 1984, arising from the order dated 11.12.2023 passed by the learned Principal Judge, Family Court, Hathras, in Divorce Petition No. 620 of 2021 (Smt. Beena Sharma & Neeraj Sharma). By that order, the learned court below has dismissed the joint petition filed by the appoellant under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act'). That order reads as below :

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"Case called out.

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As the present Petition had been jointly moved on 18.11.2021 by the Petitioners under Section 13B of Hindi Marriage Act but they are not turning up to express their consensus, as required under this provision.

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Hence, this Petition being infructuous, deserves dismissal for nonpresence/default of the Petitioners.

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File be consigned to Records, after due compliances."

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Both parties submit that they had not withdrawn from the proceeding. At the same time, the order sheet does reveal that they had sought repeated adjournment or had not appeared on many

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dates. The proceedings remained pending for two years before the impugned order came to be passed.

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As to the present status, both learned counsel state that parties may be given one more opportunity to appear before the learned court below and seek amicable resolution to their matrimonial discord through dissolution of their marriage against terms that have already been settled. In that regard, it has been submitted, both parties are living separately and the amount of permanent alimony agreed between them is lying in deposit with the learned court below.

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In view of the facts noted above, the appeal is allowed . The order dated 11.12.2023 is set aside with the observation, both the parties shall appear before the learned court below on 1.8.2024.

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On that date, the learned court below may proceed to pass appropriate order.

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Order Date :- 4.7.2024 SA

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(Donadi Ramesh, J.) (S.D. Singh, J.)

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Neeraj Sharma v. Smt Beena Sharma

Case brief

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Neeraj Sharma v. Smt Beena Sharma

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