A.F.R.1 Neutral Citation No. - 2025:AHC:9349 Reserved On : 17.09.2024 Delivered On : 20.01.2025 Case :- MATTERS UNDER ARTICLE 227 No. - 7309 of 2024 Petitioner :- Ankit Agrawal Respondent :- Smt. Monika Agrawal Counsel for Petitioner :- Paritosh Joshi,Raghav Dev Garg,Sr.

Advocate Counsel for Respondent :- Amrit Shanker Dubey Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for petitioner.

2. On 05.07.2024, this Court has issued notice to respondent and as per Office report dated 25.07.2024, notice has been served upon the respondent no. 22.07.2024, but even after service of notice, no one has turned up on her behalf, therefore, Court is proceeded to decide the case on merits.

3. Present petition has been filed seeking following reliefs:-

“i. Issue any order or direction, setting aside the dated 16^th of May 2024 passed by the Ld. Principal Judge, Family Court, Firozabad, in H.M.P. No. 508 of 2023 ( Ankit Agrawal vs. Monika Agrawal) under Section 13-B of Hindu Marriage Act. ii. Issue any order or direction upon the Court of Ld. Principal Judge, Family Court, Firozabad, to exempt the petitioner’s physical presence in the proceedings under section 13B of the Hindu Marriage Act, which is registered as H.M.P. No. 508 of 2023 (Ankit Agrawal vs. Monika Agrawal) and the petitioner may be allowed to participate in the further proceedings, including any mediation conducted by the court, either virtually or through its special power of attorney holder.”

4. Brief facts of the case are that marriage of petitioner and respondent was solemnized on 25.07.2015 as per Hindu Rites and Rituals. Till 2018, petitioner was working as Computer Engineer in Noida and subsequently, petitioner along with respondent shifted to United States of America. In due course of time, some differences took place between the parties leading to initiation of criminal proceeding as well as proceeding under the provisions of Domestic Violence Act against the petitioner. Lastly, in order to give logical conclusions to the aforesaid proceedings, a memorandum of understanding/settlement dated 06.05.2023 was entered between the petitioner, through his special power of attorney holder and the respondent wherein it was decided between the parties to file a petition under section 13B of the Hindu Marriage Act before family court at Firozabad for divorce by mutual consent. It was also resolved between the parties that respondent shall not pursue the criminal proceeding against the petitioner and his family members. Consequently, a petition under section 13B of Hindu Marriage Act was filed by the petitioner through its special power of attorney holder before the family court at Firozabad on 06.05.2023. The said petition was registered as H.M.P. No. 508 of 2023.

5. Principal Judge, Family Court, Firozabad has decided to proceed with mediation in the matter, but as the petitioner was residing at United States of America, therefore, he could not personally present to file the petition. However petitioner ensured his presence through virtual mode where he verified the identity of his wife and his special power of attorney holder. Petitioner was not in a position to come back to India in order to pursue his petition as he is currently employed in a company based in United States of America, therefore, he has preferred to move an application dated 09.05.2023. After considering the said application, Principal Judge, Family Court, Firozabad has rejected the same vide impugned order dated

16.05.2024.

6. Learned counsel for petitioner submitted that similar dispute arising out of Section 13-B of Hindu Marriage Act was came up before the Apex Court in the matter of Amardeep Singh vs. Harveen Kaur; (2017) 8 Supreme Court Cases 746, in which Apex Court has taken a clear cut view that Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings.

7. He next submitted that in light of judgment given by the A