Jyoti vs Ankit Dubey - 2023 Supreme(All) 251

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 251

J. J. MUNIR
Jyoti – Appellant
Versus
Ankit Dubey – Respondent

Advocates Appeared:
For the Revisionist : Mr. Gaurav Tripathi.
For the Opposite Party : Mr. Puneet Bhadauriya.

JUDGMENT :

This civil revision is directed against an order of Smt. Renu Singh, Additional Principal Judge, Family Court, Etawah dated May the 31st, 2022, allowing the respondent's application, seeking amendment to his petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the HMA').

2. A petition under Section 13 of HMA was instituted by the sole respondent, Ankit Dubey against the revisionist, Smt. Jyoti Dubey before the Principal Judge, Family Court, Agra, which was numbered on the file of the Principal Judge, Family Court, aforesaid as HM Petition No.291 of 2017. A decree for divorce was sought on the ground of cruelty.

3. It appears that the wife, who is a resident of Etawah, has secured a transfer of proceedings from the Principal Judge, Family Court, Agra to the Family Court at Etawah. The petition for divorce as aforesaid is pending before the Additional Principal Judge, Family Court, Etawah. This fact is not stated on record, but that is the only logical conclusion to be drawn considering that the proceedings commenced before the Family Court, Agra and are now pending at Etawah, where the revisionist-wife resides.

4. Pending the divorce petition, th