Dismissed

Shishupal v. Smt. Sukirti and Another

Allahabad HC22 Jul 2019A227/2787/2019

Case brief

AI extract

What is this about?

Court examined delay in concluding a divorce petition pending under Section 13 of Hindu Marriage Act. It directed the Family Court to conclude proceedings expeditiously within six months as per Section 21-B and granted liberty to file for preponement of the trial date.

What did the court decide?

Liberty granted to move application for preponing trial date; lower court directed to conclude proceedings under Section 21-B.

Shishupal Vs Smt. Sukirti and Another — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 40

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Case :- MATTERS UNDER ARTICLE 227 No. - 2787 of 2019

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Petitioner :- Shishupal Respondent :- Smt. Sukirti And Another Counsel for Petitioner :- Amrit Shanker Dubey

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Hon'ble Manoj Kumar Gupta,J.

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The prayer made in the instant petition is for issuing direction to the Principal Judge, Family Court, Firozabad before whom Petition No.68 of 2018 under Section 13 of the Hindu Marriage Act, 1955, is pending, to decide the same within a specified time frame.

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By previous order, learned Additional Chief Standing Counsel was requested to obtain instructions from the Presiding Officer. However, he states that despite due intimation, no instruction has been received by him from the Presiding Officer.

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Learned counsel for the petitioner informs the Court that so far the court was lying vacant but recently Presiding Officer has been posted. He further states that on 17.7.2019, the court has fixed 30 September 2019 as next date.

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Counsel for the petitioner further states that the petitioner has already complied with the order dated 4.8.2018 granting interim maintenance to the opposite party. He states that in case any amount is due under the said order, the petitioner would pay the same to the opposite party within two weeks.

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Under Section 21-B of the Act, the court has to make endeavour to conclude the trial within six months from the date of service of notice of petition on the respondents. It is also provided thereunder that trial should be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

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This Court is therefore, unable to appreciate the fixing of the next date on 30 September 2019.

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Liberty is granted to the petitioner to move an application before the court below for preponing the date. In the event any such application is filed, the court below shall pass an order on the said application having regard to the above referred provisions and shall conclude the proceeding in the spirit of the said provision.

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The petition stands disposed of accordingly.

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(Manoj Kumar Gupta, J.)

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Order Date :- 22.7.2019

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skv

Shishupal v. Smt. Sukirti and Another

Case brief

What is this about?

What did the court decide?

Shishupal v. Smt. Sukirti and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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