SMRITI SRIVASTAVA v. THE COURT OF LEARNED ADDL. PRIN. JUDGE FAMILY COURT AYODHYA AND ANOTHER
A227/3889/2025 · 2025-07-02
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147435 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147435 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37116 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3889 of 2025 Petitioner :- Smriti Srivastava Respondent :- The Court Of Learned Addl. Prin. Judge Family Court Ayodhya And Another Counsel for Petitioner :- Arpan Prakash Srivastava Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Udai Pratap Lal, learned counsel for respondent No.2.
2. The present petition has been filed with the following relief:
" i. Issue an order or direction commanding the O.P. No.1 i.e., the Court of Learned Additional Principal Judge, Family Court, Ayodhya to keep the proceedings of the case no.517 of 2023 (Aadesh Srivastava vs. Smriti Srivastava) under Section 13 of the Hindu Marriage Act in abeyance till the disposal of case No.257 of 2020 (Aadesh Srivastava vs. Smriti Srivastava) under Section 9 of the Hindu Marriage Act."
3. Contention of learned counsel for the petitioner is that initially respondent No.2 had filed proceedings under Section 9 of the Hindu Marriage Act, 1955, which culminated in an ex parte order and based upon the said ex parte order, proceedings under Section 13 of the Hindu Marriage Act, 1955 were instituted. Learned counsel for the petitioner states that on an application moved under Order IX Rule 13 of the CPC, the ex parte order passed under Section 9 of the Act has now been recalled.
4. In view thereof, there is no reason that the prayer as made before this Court can be granted. The petitioner would be at liberty to file such objections, as may be advised in the proceedings initiated under Section 13 of the Hindu Marriage Act, 1955.
5. The petition stands disposed of. Order Date :- 2.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench