Allahabad High Court
PRADEEP KUMAR PANDEYversusSMT. SANDHYA DEVI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition was dismissed as withdrawn, with liberty to the petitioner to file a fresh petition if desired.
Summary
Petitioner Pradep Kumar Pandey filed a writ petition under Article 227 seeking the High Court to set aside an order dated 8 October 2025 of the Upper Principal Judge, Family Court, Deoria, which had dismissed his application under Section 13 of the Hindu Marriage Act, 1955 in a divorce suit. The petition prayed for directions to call for the record of the lower court, set aside the order, and award costs. The petitioner later moved to withdraw the writ petition, and the Standing Counsel raised no objection. The Court accepted the withdrawal and dismissed the petition with liberty to file a fresh petition if required. Consequently, the certified copy of the petition was to be returned upon furnishing a photocopy.
Issues considered
- Whether a writ petition under Article 227 seeking to set aside a Family Court order can be withdrawn after filing
- Whether the High Court may entertain the petition to set aside the order of the Family Court under Section 13 of the Hindu Marriage Act, 1955
Legislation cited
- Hindu Marriage Act, 1955 — s. 13
Subjects
- withdrawal of writ petition
- Article 227
- Family Court order
- Hindu Marriage Act
- Section 13
- divorce proceedings
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6250 of 2026
Pradeep Kumar Pandey
.....Petitioner(s)
Versus
Smt. Sandhya Devi
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Prakash Misra, Sushil Kumar
Mishra
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Learned counsel for the writ petitioner seeks to withdraw the present writ
petition, wherein prayer is to (I) Issue direction call for record of the court
below and set aside the order dated 8.10.2025 passed by Shri Brijesh Mani
Tripathi Upper Principal Judge Family Court, Court no.-3 Deoria, in Divorce
Suit no.-74 of 2011 (Pradeep Kumar Pandey vs. Sandhya Devi), in which
dismiss the application paper no.-84-Ga, in suit of appellant under section 13
of Hindu Marriage Act, 1955. (Annexure no.-6); (II) Issue any other order or
direction as this Hon'ble Court may deem fit and proper in the circumstances
of the case; (III) Award the costs of this petition to the Petitioner, due to
inherent technical defect with liberty to file fresh.
2. Learned Standing Counsel has no objection to the same.
3. The present petition is dismissed as withdrawn with liberty as aforesaid.
4. Certified copy be returned subject to furnishing of photocopy of the same.
May 5, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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