Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 1137 of 2025
Court No. - 39
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Mr. Sunil Kumar Singh, learned advocate appears on behalf of applicant-appellant-husband. He submits, the joint petition for mutual divorce was dismissed by the Family Court on judgment dated 13th August, 2025. His client is aggrieved. On query he submits, prescribed period of separation was found as not achieved. On further query he submits, his client and respondent will join to again petition for mutual divorce because by this time more than the prescribed period of separation has happened.
2. Mr. Anil Kumar, learned advocate appears on behalf of respondent-wife. He submits, above are the facts. His client is ready and willing to join and again petition for mutual divorce.
3. We find the appeal was presented on reported delay of ten days. Parties are ad idem and want to again join to petition and as such we accept cause shown for the delay. It is condoned and the appeal admitted. The application is disposed of. Regular number be allotted.
4. Facts and circumstances do not warrant interference in appeal. However, as parties have continuing cause and are enabled by section 13-B in Hindu Marriage Act, 1955 to jointly petition for mutual divorce, now that they have achieved the prescribed period of separation, they may do so. Versus Counsel for Appellant(s) : Sunil Kumar Singh Counsel for Respondent(s) : Anil Kumar Robin Singh .....Appellant(s) Smt. Poonam Chaudhary .....Respondent(s)
5. The appeal is disposed of. (Arindam Sinha,J.)
(Satya Veer Singh,J.) October 28, 2025 Shiraz FAPLD No. 1137 of 2025 2
Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad