2025:UHC:8838 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2233 of 2025 07 October, 2025 Cheena Brar --Petitioner Versus Shri Gurvikram Singh Khaira --Respondent ---------------------------------------------------------------------- Presence:- Mr. Anil Kumar Joshi, learned counsel for the petitioner-wife. Despite sufficient service, no one has put in appearance on behalf of respondent-husband. Hon’ble Pankaj Purohit, J. (Oral) This Court vide order dated 24.09.2025 has been given leverage to respondent-husband to appear before this Court through V.C. today, but, still respondent-husband is not participating in the proceedings even through the V.C. 2. This writ petition has been filed by the petitioner for the following reliefs:- a) Issue an appropriate writ, order, or direction in the nature of Certiorari, quashing the order dated 22/04/2025 (Annexure No.1 to the writ petition) passed by Principal Judge, Family Court, Udham Singh Nagar. b) Issue an appropriate writ, order, or direction in the nature of Mandamus, commanding the Learned Principal Judge, Family Court, Udham Singh Nagar, to consider and finalize the decree of divorce under Section 13B(2) of the Hindu Marriage Act, 1955, on the basis of mutual consent already recorded during the first motion proceedings and the subsequent mediation process, and in view of the affidavit and undertaking submitted by the petitioner; and to take appropriate steps in accordance with law regarding the non- appearance of Respondent No.2; c) Issue an appropriate writ, order, or direction in the nature of Mandamus, commanding the Learned Principal Judge, Family Court, Udham Singh Nagar, to permit the petitioner to appear before the Court through video conferencing. d) Issue directions to ensure just, fair and expeditious disposal of the petition under Section 13B of the Hindu Marriage Act in accordance with law; 1 2025:UHC:8838 3. It is the case of the petitioner-wife that the petitioner-wife and respondent-husband has filed a petitioner under Section 27 of the Uniform Civil Code of Uttarakhand, 2024 for seeking divorce through mutual consent in the Court of learned Principal Judge, Family Court, Rudrapur, District Udham Singh Nagar. In the said case, date of second motion is fixed for 24.10.2025. 4. The petitioner-wife has moved an application before the learned Trial Court for permitting her to appear in the proceedings of second motion of divorce through video conferencing for the reason that she is presently residing in Toronto, Canada. 5. The said application moved by the petitioner-wife was rejected by the learned Trial Court vide order dated 22.04.2025 (Annexure No.1 to the writ petition). It is feeling aggrieved by the aforesaid order, the petitioner-wife is before this Court. 6. I have heard learned counsel for the petitioner-wife and perused the entire record available on record. I am of the view that learned Trial Court erred in law while rejecting the application moved by the petitioner-wife for appearing through video conferencing in the given facts and circumstances of the case. 7. In this view of the matter, the order dated 22.04.2025 passed by learned Principal Judge, Family Court, Rudrapur, District Udham Singh 2 2025:UHC:8838 Nagar in Case No.132 of 2025 Smt. Cheena Brar Vs. Gurvikram Singh Khaira, is hereby set aside. The petitioner-wife Smt. Cheena Brar is permitted to participate in the proceedings arising out of mutual divorce petition under Section 27 of the Uniform Civil Code of Uttarakhand, 2024, through video conferencing on the next date fixed i.e. 24.10.2025. 8. Accordingly, the present writ petition is allowed. 9. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.) 07.10.2025 PN 3