Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141391 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4986 of 2024 Petitioner :- Smtshreya Mishra Respondent :- Ajay Kumar Chaturvedi Counsel for Petitioner :- Harshit Gupta Hon'ble Manish Kumar Nigam,J.
1. Supplementary affidavit filed by counsel for the petitioner is taken on record.
2. Heard learned counsel for the petitioner and perused the record.
3. This petition has been filed challenging the order dated 11.03.2024 by which an application filed by the applicant-petitioner for striking out defence of the opposite party has been rejected by the court below.
4. Contention of learned counsel for the petitioner is that since interim maintenance allowance is not being paid the defence of opposite party should be struck off. It has been further contended that after the order rejecting the application of the petitioner was passed on 11.03.2024 since then, the opposite party is not appearing.
5. I have perused the order sheet filed along with the supplementary affidavit from which it is apparent that both the petitioner and respondent were absent on certain dates and it cannot be said that respondent is avoiding the proceedings.
6. No illegality has been committed by the court below in rejecting the application.
7. However, since the matrimonial case is pending since 2019, Principal Judge, Family Court, Allahabad is directed to consider and decide the aforesaid pending proceeding before him, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment, keeping in view the statutory mandate of Section 21-B of the Hindu Marriage Act quoted above.
7. With these observation, this petition is disposed of. Order Date :- 19.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad