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2025 DAILYLAW 158541 (ALL)

SMT. PINKI SONI v. ABHISHEK KUMAR SONI @ VIKKI

FAPLD/99/2024 · 2025-08-20

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Court No. - 9 Case :- FIRST APPEAL DEFECTIVE No. - 99 of 2024 Appellant :- Smt. Pinki Soni Respondent :- Abhishek Kumar Soni @ Vikki Counsel for Appellant :- Angrej Nath Shukla Counsel for Respondent :- Nitin Rastogi Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. This appeal has been filed through E-mode and learned counsel for the appellant has provided the photocopy of the hard copy, same is taken on record. 2. By means of this appeal, the appellant has assailed the judgment and order dated 06.07.2024 passed by the Principal Judge, Family Court, Gonda in Matrimonial Case No.702 of 2024 (Smt. Pinki Soni vs. Abhishek Soni @ Vikki). 3. Sri Angrej Nath Shukla, learned counsel for the appellant has stated that the impugned order was passed on the ground that the divorce petition was filed within a cooling period therefore that divorce petition was rejected. As per Sri Shukla the cooling period is one year and now more than one year's period has passed from the date of marriage therefore Sri Shukla has requested that this appeal may be dismissed being not pressed and liberty may be given to the appellant to file divorce petition before the family Court and direction may be issued to decide such divorce petition on merits. 4. Sri A. K. Singh Somvanshi, Advocate holding brief of Sri Nitin Rastogi, learned counsel for respondent has submitted that he has no objection if the present appeal is dismissed being not pressed and liberty is given to the appellant to institute the appropriate proceeding before the family court. 5. Accordingly, this appeal is dismissed being not pressed and liberty is given to the appellant to take appropriate legal recourse before the appropriate court of law. Order Date :- 20.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench