Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82157 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5061 of 2025 Petitioner :- Smt. Asmita Tiwari Respondent :- Vivek Mishra Counsel for Petitioner :- Akansha Verma,Deepak Kumar Verma Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the petitioner and learned counsel for the respondent. It is contended that the matter has proceeded ex-parte and the recall application filed under Order 9 Rule 7 CPC has been rejected.
Learned counsel representing the respondent husband submits that despite time having been granted twice, the petitioner has deliberately avoided the Court, and has not filed her written statement.
Learned counsel for the petitioner submits that the petitioner would be filing her written statement, if the order is recalled, within two weeks from today. In view of the statement so made, order impugned dated 05.05.2025 passed in Case No.2812 of 2022 is hereby set aside with the conditions that the petitioner shall file her written statement, within two weeks from today. In case, the same is not filed, the Court below shall proceed with the matter and hear it without the written statement of the petitioner. Once, the written statement is filed, the Court below shall proceed with the matter and comply the provisions of Section 21-B of the Act. With the aforesaid observations, writ petition stands disposed of.
Order Date :- 17.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad