The High Court directed the Principal Judge, Family Court, Meerut to decide Case No.838 of 2020 involving divorce under Section 13, Hindu Marriage Act, within one year, noting the respondent's continuous absence and statutory time limits.
The Family Court directed to decide Case No.838 of 2020 within one year.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 1016 of 2022
Petitioner :- Major Aditya Veer Singh Respondent :- Smt. Anshul Chaudhary Counsel for Petitioner :- Km. Surabhi,Gaurav Dhama
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner and Shri Satyam Narayan, Advocate for respondent.
The present petition has been filed by the petitioner praying for a direction directing the Principal Judge, Family Court, Meerut to decide Case No.838 of 2020 (Major Aditya Veer Singh versus Smt.Anshul Chaudhary).
In pursuance to the previous order dated 3.3.2022 passed by this Court, the Principal Judge, Family Court, Meerut has submitted his report dated 7.3.2022 which has been perused by the Court. The report reveals that the plaintiff was continuously absent on the different dates fixed in the case when the case was called out for hearing.
In the circumstances, the Principal Judge, Family Court, Meerut cannot be faulted for delay in disposal of Case No.838 of 2020. However, considering the fact that the case has been instituted under Section 13 of Hindu Marriage Act, 1955 and the statutory mandate to decide such cases within a time limit, the Principal Judge, Family Court, Meerut is expected to make all endeavors to get the aforesaid case decided expeditiously preferably within a period of one year from the date a copy of this order is produced before him , in case, there is no legal impediment in deciding the aforesaid case.
It is clarified that this Court has not expressed any opinion on the merits of the claim of the petitioner.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 10.3.2022 IB
Digitally signed by ITU BANERJEE Date: 2022.03.10 15:49:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue directions to the Family Court to decide the matrimonial case within a time limit.
1 provisions across 1 enactments
Major Aditya Veer Singh
Smt. Anshul Chaudhary
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
