Neha Bhardawaj v. Pankaj Bhardwaj

Court No. - 39 Case :- FIRST APPEAL No. - 1266 of 2023 Appellant :- Neha Bhardawaj Respondent :- Pankaj Bhardwaj Counsel for Appellant :- Amit Kumar Singh Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Having heard Shri Amit Kumar Singh, learned counsel for the appellant and having perused the record, we find no good ground exists to interfere with the order dated 18.10.2023 passed by learned Principal Judge, Family Court, Firozabad in Hindu Marriage Petition No. 574 of 2014 (Pankaj Bhardwaj Vs. Neha Bhardwaj). By that order, the learned Principal Judge has refused to take on record the written submission presented by the appellant.

¶2Perusal of that order reveals that the next date fixed in the proceeding was 21.10.2023. The proceedings have remained pending. As to the reason, learned counsel for the appellant informs that Presiding Officer has been transferred.

¶3As to the reason why the appellant seeks to file written submission, learned counsel for the appellant states, such written submission became necessary in view of certain grievances that had arisen to the appellant in the course of the oral hearing that had been earlier granted by the learned court below.

¶4In view of the facts noted above, we find that the grievance, if any that may have existed with the appellant no longer survives inasmuch as Presiding officer against whom such grievance had arisen had been transferred now.

¶5In view of the above, we find no error in the order of the learned court below. The incumbent Presiding Officer would have to rehear the matter afresh. In absence of absolute right to file written submission, we find no good ground to offer any interference in the present facts.

¶6Accordingly, the appeal is dismissed. Order Date :- 22.11.2023 SA (Shiv Shanker Prasad, J.) (S.D. Singh, J.) High Court of Judicature at Allahabad