In a writ petition under Article 227, the High Court directed the Principal Judge Family Court Bhadohi to decide the pending Divorce Suit as expeditiously as possible within one year of normal court functioning.
Directed Family Court to decide pending Divorce Suit as expeditiously as possible within one year of normal court functioning.
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Court No. - 80
Case :- MATTERS UNDER ARTICLE 227 No. - 2406 of 2020
Petitioner :- Sudhakar Tiwari Respondent :- Principal Judge And Another Counsel for Petitioner :- Daya Shanker Pandey
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner.
This petition has been filed with the following prayer:
"I. Issue an order directing the Principal Judge Family Court Bhadohi Gyanpur to expedite the Divorce Suit No. 175 of 2018 (Sudhakar Tiwari versus Aarti) under Section 13 of Hindu Marriage Act pending in the court of Principal Judge Family Court Bhadohi, Gyanpur as early as possible."
It is the contention of the learned counsel for the petitioner that petition for divorce was filed on 2.7.2018 and despite issues having been framed on 20.5.2019 hearing has not taken place and the case is not being decided.
Under the present Covid-19 pandemic restrictions where the courts are not functioning properly, it cannot be expected that the courts would proceed to decide the pending matter given the restrictions in force. However, considering the facts of the case, it is provided that after resumption of normal regular working of the courts, the Family Court may proceed to decide the case as expeditiously as possible and preferably within a period of one year from such a normal functioning subject to submission of a certified copy of this order within 15 days from today before the court below.
This petition is, accordingly, disposed of.
Order Date :- 7.8.2020 A. V. Singh
(Jayant Banerji, J.)
1 issue framed by the court
Whether the Family Court is directed to expedite the pending Divorce Suit under Section 13 of the Hindu Marriage Act.
1 provisions across 1 enactments
Sudhakar Tiwari
Principal Judge
Jayant Banerji
As recorded by the court registry
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