Smt. Richa Dwivedi vs Abhishek Pandey and Another

Neutral Citation No. - 2025:AHC:17280

Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 1177 of 2025

Petitioner :- Smt. Richa Dwivedi Respondent :- Abhishek Pandey And Another Counsel for Petitioner :- Nitin Agrawal,Priya Dimri

Hon'ble Alok Mathur,J.

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It has been submitted that the petitioner has filed divorce case under Section 13 of Hindu Marriage Act, 1955 in the Court of Additional Principal Judge, Family Court No.3, Allahabad bearing Matrimonial Case No.1775 of 2021. During the proceedings the petitioner moved an application under Section 379 of B.N.S.S. against the defendant but submits that the court has not taken cognizance of the said application and is proceeding to decide the suit. Accordingly, a prayer has been made for a direction to Principal Judge, Family Court, Allahabad to decide the application under Section 379 of B.N.S.S. prior to deciding the suit.

From a perusal of the record, we find no order which may indicate that the court has taken into consideration the application under Section 379 of B.N.S.S. but in any view of the matter liberty is granted to the petitioner to move appropriate application before the trial court praying for expeditious disposal of the application under Section 379.

In case, such an application is moved the court concerned shall consider the same and pass appropriate orders thereon in accordance with law, expeditiously, preferably within three weeks thereafter.

(Alok Mathur, J.)

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Order Date :- 6.2.2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad

Smt. Richa Dwivedi v. Abhishek Pandey and Another