Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128177 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8196 of 2025 Petitioner :- M/S Vivek Singh Respondent :- Smt. Shalini Thomas Counsel for Petitioner :- Nitin Chopra,Pankaj Misra Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed for the following reliefs:-
"i) To issue an order or direction, to the court below not to insist on personal appearance of the Petitioner before the Court below in Matrimonial Case No. 806 of 2022 (Vivek Vs. Shalni) pending in the court of Additional Principal Family Judge IV, Prayagraj. ii) To issue any other suitable order or direction directing the Presiding Officer to decide the Case No. 806 of 2022 (Vivek Vs. Shalini) pending in the court of Additional Principal Family Judge IV, Prayagraj, through Video Conferencing."
3. Contention of learned counsel for the petitioner is that petitioner is residing in U.S.A. and it is not possible for him to conduct the case personally before the Family Court and therefore, he has moved an application on 08.1.2025 for exemption. On the said application, no order has been passed by the Family Court and it has also been stated by counsel for the petitioner that the suit is at the stage of service of summons to the other side and for that purpose, physical presence of the petitioner is not required.
4. It has also been submitted by counsel for the petitioner that till now, the opposite party has not been served, therefore, in view of this fact, I am not issuing notice to the opposite party and deciding this petition at the admission stage without calling for reply from the opposite party.
5. In view of the same, this petition is allowed. Additional Principal Family Judge, IV, Prayagraj is directed to permit the petitioner to appear through his next friend/ representative till his presence is required for the purposes of recording evidence. Order Date :- 31.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad