Petitioner sought direction for speedy disposal of matrimonial petition filed under Section 13 Hindu Marriage Act. Court directed trial court to decide matter within six months despite ex-parte proceedings.
Direction to Family Court to decide marriage petition No.760 of 2015 within six months.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9229 of 2018
Petitioner :- Smt. Monika Mandal Respondent :- Vijendra Sharma Counsel for Petitioner :- Pankaj Sharma
Hon'ble Mrs. Sunita Agarwal,J.
The prayer in the present petition is to issue a direction to the court below to decide the Marriage Petition No.760 of 2015 ( Smt. Monika Mandal Vs. Vijendra) filed under Section 13 of Hindu Marriage Act' 1955. A perusal of the order sheet indicates that the respondent-husband has not been filed his written statement till date. The suit has proceeded exparte on 05.09.2018, after giving due opportunity to respondent to appear before the family court.
Having perused the order sheet, without expressing any opinion as to the merits of the claim made by the petitioner, the present petition is disposed of with the direction to the court below to decide the Marriage Petition No.760 of 2015 ( Smt. Monika Mandal Vs. Vijendra) filed under Section 13 of Hindu Marriage Act' 1955, expeditiously, preferably within a period of six months from the date of submission of certified copy of this order.
Order Date :- 17.12.2018 Himanshu
1 issue framed by the court
Whether the Family Court should be directed to decide the matrimonial petition expeditiously given the husband's non-filing of written statement?
Smt. Monika Mandal
Vijendra Sharma
Sunita Agarwal
Himanshu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
