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Neutral Citation No. - 2025:AHC:35631-DB Court No. - 29 Case :- FIRST APPEAL DEFECTIVE No. - 228 of 2025 Appellant :- Ramesh Chand Anuragi Respondent :- Smt Pinki Counsel for Appellant :- Arvind Kumar Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. Appellant is the husband, who is aggrieved by rejection of petition filed under Section 13B of the Hindu Marriage Act, 1955, for dissolution of marriage by mutual consent. The family court has rejected appellant's petition vide order impugned dated 04.02.2025 on the ground that appellant had not appeared on the date fixed in the matter and it appears that the parties are not desirous of pressing the matter any further.
2. From the materials placed on record, we are of the view that since proceedings under Section 13B of the Act of 1955 are based on mutual consent of the parties and the appellant himself did not appear, the rejection of proceedings by the family court cannot be said to be arbitrary.
3. In the event appellant is still desirous of pressing the proceedings under Section 13B of the Act, his remedy would be to seek revival of the proceedings before the family court. It goes without saying that if such an application is moved by the appellant, the same shall be dealt with by the family court, in accordance with law.
4. Subject to the aforesaid observations made, this appeal is consigned to records. Order Date :- 11.3.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad