Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6490 of 2019 Petitioner :- Alpa Chauhan Respondent :- Additional Principal Judge And Another Counsel for Petitioner :- Aishwarya Pratap Singh Counsel for Respondent :- Bal Mukund Singh Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 10.7.2019, whereby the Additional Principal Judge, Family Court, Meerut has rejected the application 28 Ga and 33 Ga filed by the defendant-petitioner in Case No.1934 of 2017 under Section 13 of the Hindu Marriage Act, 1955. The prayer made in the application 28 Ga was for taking on record the Vakalatnama of the petitioner as well as written statement and for granting opportunity to her to lead evidence in support of the written statement. In the application 33 Ga, the prayer made was for recall of order dated 26.7.2018, by which the trial court directed for proceeding exparte against the petitioner.
After hearing counsel for the parties at some length, they agreed for disposal of the instant petition in the following terms:-
(a) The impugned order dated 10.7.2019 would stand set aside subject to payment of a cost of Rs.1000/- by the petitioner to the second respondent within ten days from today.
(b) The court below shall permit the petitioner to participate in the proceedings, as the order dated 26.7.2018 would also stand set aside.
(c) The hearing in the case would continue on day to day basis.
(d) Counsel for the petitioner has extended an undertaking on behalf of the petitioner that the petitioner would not seek any unnecessary adjournment in the case and would cooperate in disposal of the proceedings as far as possible within three months from today.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 27.9.2019 SL