Petition under Article 227 directing the Principal Judge, Family Court, Mathura, to decide the pending divorce suit under Section 13 of the Hindu Marriage Act, 1995 within six months without unnecessary adjournments.
Direct Court below to decide the case expeditibly within six months
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Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 1141 of 2021
Petitioner :- Sushawant Meshram Respondent :- Smt. Anupama Sharma Counsel for Petitioner :- Rajesh Pachauri
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notice need not be issued to respondent.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to issue a direction to the Principal Judge, Family Court, Mathura to decide the Case No.960 of 2015 (Sushawant Meshram Vs. Smt. Anupama Sharma) under Section 13) of the Hindu Marriage Act, 1995 expeditiously.
Learned counsel for the petitioner argued that the matter is pending since 2015 and large number of dates were fixed in the matter but till date no final decision has been taken on the same. He further argued that due to pednency of the aforesaid suit, the petitioner is suffer from irreparable loss and prays for expeditious disposal.
In the facts and circumstances of the case and without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Court below to decide the aforesaid case filed by the petitioner expeditiously and preferably within a period of six months from the date of production of a self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 18.2.2021 saqlain
2 issues framed by the court
Whether to direct the Family Court to dispose of the pending divorce proceedings under Section 13 of the Hindu Marriage Act, 1995 expeditiously.
Whether the length of delay in the civil suit warrants writ intervention for expeditious disposal.
2 provisions across 2 enactments
Sushawant Meshram
Smt. Anupama Sharma
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
