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2025 DAILYLAW 3498 (ALL)

SANJAI KUMAR GUPTA v. KIRAN GUPTA AND ANOTHER

FAPL/37/2020 · 2025-08-19

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142855-DB Court No. - 39 Case :- FIRST APPEAL No. - 37 of 2020 Appellant :- Sanjai Kumar Gupta Respondent :- Kiran Gupta And Another Counsel for Appellant :- Manoj Kumar Mishra Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Manoj Kumar Mishra, learned advocate appears on behalf of appellant and submits, his instructions are to not press the appeal. It is because parties have agreed to join and obtain divorce by mutual consent under section 13-B in Hindu Marriage Act, 1955. Pendency of the appeal is standing in the way. 2. The appeal stands preferred against judgment dated 6th December, 2019 of the Family Court, dismissing appellant's petition for dissolution of the marriage. It was admitted by co- ordinate Bench on 14th January, 2020. There has been service of notice of appeal but none appears for respondent. 3. We do not want this appeal to be a hindrance to parties moving on with their lives. As such the appeal is dismissed. The dismissal cannot prevent the parties from seeking remedy of mutual divorce by joint petition and proceedings before the Family Court. Order Date :- 20.8.2025 Mohini (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad