Disposed

Shiv Shankar Chauhan v. Suman Chauhan

Allahabad HC11 Aug 2022A227/6266/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court directed the Additional Principal Judge, Family Court, Mau, to determine a pending application for a DNA test filed by the husband in a divorce suit, directing a decision within four months without unnecessary adjournments.

What did the court decide?

Directed the Family Court to decide the DNA test application within four months without unnecessary adjournment.

Shiv Shankar Chauhan Vs Suman Chauhan — Service and Employment | Allahabad HC (2022)

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 6266 of 2022 Petitioner :- Shiv Shankar Chauhan Respondent :- Suman Chauhan Counsel for Petitioner :- Saurabh Kumar Pandey,Ankur Verma

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the petitioner and perused the record.

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Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Additional Principal Judge, Family Court, Court No. 2, Mau to decide the application no. 17(C)2 dated 05.04.2021 filed in Case No. 288 of 2019 (Shiv Shankar Chauhan vs. Suman Chauhan) within stipulated period of time.

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It is submitted by the learned counsel for petitioner that the petitioner had filed suit for divorce under Section 13 of the Hindu Marriage Act. It is further submitted that respondentwife had gave birth of one child namely Deepak and petitioner had denied that he is not the father of said child, hence he moved an application for D.N.A. test of the said child on 05.04.2021, which is paper no. 17(C)2 but on account of delaying tactics adopted by respondent-wife, the aforesaid application (Paper No. 17(C)2) could not be decided till date.

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Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Additional Principal Judge, Family Court, Court No. 2, Mau is directed to decide the application no. 17(C)2 dated 05.04.2021 filed in Case No. 288 of 2019 (Shiv Shankar Chauhan vs. Suman Chauhan) expeditiously and if possible within a period of four months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.

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With aforesaid direction, the instant petition is finally disposed of.

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Order Date :- 11.8.2022 sailesh

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Digitally signed by SAILESH PRAJAPATI Date: 2022.08.11 17:38:06 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Shankar Chauhan v. Suman Chauhan

Case brief

What is this about?

What did the court decide?

Shiv Shankar Chauhan v. Suman Chauhan

Case brief

What is this about?

What did the court decide?

What the court decided

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