This petition challenged the delay in deciding a divorce case under Section 13 of the Hindu Marriage Act, 1955. Relying on Section 21-B which mandates proceedings on a day-to-day basis, the court held no further direction was required and dismissed the petition.
No further direction issued; petition disposed of.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1843 of 2018
Petitioner :- Smt. Urvashi Vardhan Respondent :- The Principal Judge Family Court And Another Counsel for Petitioner :- Akansha Verma,Siya Ram Verma
Hon'ble Manoj Kumar Gupta,J.
The only prayer made in the instant petition is for issuance of a direction to the Principal Judge, Family Court, Kanpur Nagar, to decide Case No. 1412/2017, under Section 13 of the Hindu Marriage Act, 1955, expeditiously.
A perusal of the order sheet reveals that on 20.1.2018, the Court directed for supply of copy of the plaint to the defendant, fixing 23.3.2018, for making effort for reconciliation between the parties.
Section 21-B of the Hindu Marriage Act, 1955 specifically provides that all proceedings under the Act should be held on a day to day basis and effort should be made to conclude the proceedings as far as possible within six months from the date of service of the petition on the respondent.
In view of the aforesaid provisions under the Act, I am of the opinion that no further direction is required.
The petition is accordingly disposed of.
(Manoj Kumar Gupta, J.)
Order Date :- 27.3.2018 AM/-
1 issue framed by the court
Whether a direction is necessary to expedite proceedings under Section 13 of the Hindu Marriage Act, 1955 when Section 21-B mandates day-to-day sittings.
2 provisions across 1 enactments
Smt. Urvashi Vardhan
The Principal Judge Family Court And Another
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
