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Shyam Gothanwal vs Smt Shadhna — Matrimonial and Divorce | Allahabad HC (2024)

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Allahabad HC
2024
Shyam Gothanwal vs Smt ShadhnaShyam Gothanwal v. Smt Shadhna

Dismissed

Shyam Gothanwal v. Smt Shadhna

Allahabad HC22 Aug 2024FAPLD/417/2024

Case brief

AI extract

What is this about?

The High Court disposed of First Appeal Defective No. 417 of 2024, finding no ground to interfere with the trial court's order condoning delay in filing a recall application. The Court directed the trial court to decide the pending recall application expeditiously within two months.

What did the court decide?

Exemption from regular hearing allowed; appeal dismissed; trial court directed to decide recall application within two months.

What the court decided

AI extract

Outcome

Exemption from regular hearing allowed; appeal dismissed; trial court directed to decide recall application within two months.

Issue for consideration

Whether the High Court should interfere in the impugned order condoning delay in filing a recall application. +1 more

Detailed headnote1 paragraphs

This appeal is disposed of as no ground to interfere with the order condoning delay in filing a recall application is found. Objections regarding service and appearance to be raised before the trial court on merits without prejudice from this order. The trial court is directed to decide the recall application within two months.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

Neutral Citation No. - 2024:AHC:134995-DB

Court No. - 39

Case :- FIRST APPEAL DEFECTIVE No. - 417 of 2024

Appellant :- Shyam Gothanwal Respondent :- Smt Shadhna Counsel for Appellant :- Balbeer Singh

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

Civil Misc. Exemption Application No. 1 of 2024

Defect in respect of non filing of formal order is reported. The impugned order is interlocutory.

Exemption prayed for is granted.

Exemption application is allowed.

Order on Appeal

Having heard learned counsel for the appellant, we find no good ground to interfere in the impugned order dated 16.7.2024, whereby the learned trial court has condoned the delay in filing the recall application, by the respondent.

Undoubtedly, recall application is pending. All objections being raised by the appellant that the respondent was duly served and had filed appearance in the proceedings, therefore, she may not be entitled to seek recall of the ex parte divorce decree, may remain to be raised and considered by the learned trial court on their own merits without being prejudiced by any observation made in the order impugned in these proceedings or any observations made in this order. It is further expected that the recall application may be dealt with and decided as expeditiously as possible, preferably within a period of two months from the date a copy of this order is

placed on the record of the learned trial Court.

With the above observations, present appeals is disposed of.

Order Date :- 22.8.2024 Faraz

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

Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the High Court should interfere in the impugned order condoning delay in filing a recall application.
2.
Whether pending objections regarding service and appearance should be considered by the trial court independently.

Parties & counsel

AI extract

appellant
Shyam Gothanwal
respondent
Smt Shadhna

Coram

AI extract

Saumitra Dayal Singh
Donadi Ramesh

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 22 Aug 2024 · August
Registered: 17 Aug 2024
Case no.: FAPLD/417/2024
CNR: UPHC014291602024
Topic: Matrimonial and Divorce
Bench: Saumitra Dayal Singh Donadi Ramesh

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Cite this judgement

Shyam Gothanwal v. Smt Shadhna, FAPLD/417/2024 (ALL), decided on 22 August 2024.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Saumitra Dayal Singh and Donadi Ramesh

Parties & counsel