Writ petition seeking direction to expedite divorce proceedings. Court declined to issue direction due to unclear mediation status and existing statutory time limits under Section 21-B of Hindu Marriage Act 1955.
Court declined to issue direction for expediting disposal within specified time frame.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 2815 of 2019
Petitioner :- Poonam @ Lalti Respondent :- Principal Judge Family Court Allahabad And Another Counsel for Petitioner :- Sunil Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
The sole prayer made in the instant petition is for issuing direction to the Principal Judge, Family Court, Allahabad to expedite the disposal of Marriage Petition No.734 of 2016 under Section 13(1-a) (1-b) of the Hindu Marriage Act 1955.
The petition has been filed by the petitioner seeking divorce. It is alleged that on 28.1.2017 the defendant-respondent entered appearance and prayed for the dispute being settled through mediation. It is not clear from the order sheet as to whether court made any attempt for mediation or whether the mediation has been successful or has failed. Even counsel for the petitioner is not in a position to apprise the Court of the correct factual position in this regard.
Having regard to the said fact, this Court is not inclined to issue any positive direction for deciding the proceedings within a specified time frame, and also in view of the fact that interest of the parties stands amply safeguarded by virtue of Section 21-B of the Act which itself provides for the proceedings being decided as far as possible within six months.
The petition stands disposed of with the above observations.
(Manoj Kumar Gupta, J.)
Order Date :- 8.7.2019 Shashank
2 issues framed by the court
Whether a direction for expediting disposal of marriage petition should be issued given the lack of clarity on mediation status and existing time limits.
Whether the interest of parties under Section 21-B of the Act precludes issuing a positive direction for specified time frame disposal.
1 provisions across 1 enactments
Poonam @ Lalti
Principal Judge Family Court Allahabad
Manoj Kumar Gupta
As recorded by the court registry
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