Writ petition under Article 227 seeking to expedite long-pending divorce suit challenged. Court found no ground to grant relief despite pandemic delays and dismissed the petition.
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Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 4390 of 2020
Petitioner :- Smriti Rawat Respondent :- Gufran Ahmad Counsel for Petitioner :- Shiv Lal
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondnet and also perused the record.
The only prayer made by the learned counsel for the petitioner is to expedite the proceedings of Suit No. 40 of 2020 (Smriti Rawat Vs. Gufran Ahmad), under Section 13 (i) of Hindu Marriage Act, pending before the Principal Judge, Family Court, Mirzapur, be decided within a stipulated period of time.
It is submitted by learned counsel for petitioner that the suit has remained pending since year 2020.
Learned Standing counsel submits that the suit filed in the year 2020 and due to Covid- 19 pandemic the lower court could not proceed properly.
For the reasons mentioned above, I do not find any good ground to grant relief as prayed by the petitioner.
Accordingly, the writ petition is dismissed.
Order Date :- 5.1.2021 S.K.
1 issue framed by the court
Whether Article 226 writ can compel the Family Court to decide long-pending matrimonial suit within a stipulated time.
1 provisions across 1 enactments
Smriti Rawat
Gufran Ahmad
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
