Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 70079 (ALL)

SMT. DEEPIKA JAISWAL v. UMANG JAISWAL

A227/6406/2025 · 2025-07-14

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:113927 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6406 of 2025 Petitioner :- Smt. Deepika Jaiswal Respondent :- Umang Jaiswal Counsel for Petitioner :- Girija Shankar Srivastava,Neerad Kumar Srivastava Counsel for Respondent :- Ashutosh Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. On 04.07.2025, following order was passed by this Court: "1. Vakalatnama filed today by Shri Ashutosh Kumar Singh, Advocate appearing on behalf of the respondent is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. This writ petition has been filed by the wife (petitioner) in a matrimonial proceedings against the order dated 13.5.2025 by which the right to file written statement has been closed and a direction has been issued to proceed ex parte against the wife (petitioner) and against the order dated 26.5.2025 by which date has been fixed for ex parte evidence. 4. Contention of learned counsel for the petitioner is that petitioner is a housewife and because of the illness of her father, she could not file the written statement. Learned counsel prayed that a last opportunity may be given to the petitioner to file written statement. 5. Learned counsel for the respondent has vehemently opposed the prayer made by learned counsel for the petitioner and submitted that conduct of the petitioner is not fair as she has appeared several times in the case but has not filed written statement. 6. Since it is a matrimonial dispute and the petitioner is housewife, I find that a week's time be given to the petitioner to file the written statement with an undertaking that she will not seek any undue adjournment to linger on the proceedings and in case petitioner files the written statement by 14.7.2025, the same shall be accepted by the Court concerned. 7. Put up this matter on 15.7.2025. 8. Till then, no coercive action shall be taken against the petitioner. In case the written statement is not filed, the Court will constrained to dismiss the writ petition" 2. It has been stated by learned counsel for the petitioner that written statement has been filed by the wife i.e. opposite party in the divorce petition i.e. M.P. Case No. 346 of 2023 (Umang Jaiswal Vs. Deepika Jaiswal), on 09.07.2025. This fact is admitted to the parties. 3. Since written statement has been filed, there is no impediment in deciding the divorce petition. 4. Accordingly, the Additional Principal Judge, Family Court, Room No.5, Allahabad is directed to consider and decide the aforesaid petition i.e. M.P. Case No. 346 of 2023, 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. 5. With the aforesaid direction, this petition stands disposed of. Order Date :- 15.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad