Disposed

Sanjay Kumar Seth v. Smt.Urmila Devi

Allahabad HC16 Dec 2023A227/12915/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Allahabad High Court dispensed with service of notice and directed the Principal Judge, Family Court, Varanasi to decide a divorce case under Section 13 of the Hindu Marriage Act within four months, citing Section 21B(2) for expediting proceedings.

What did the court decide?

Directed the Principal Judge, Family Court, Varanasi to decide Case No. 266 of 2022 under Section 13 of the Hindu Marriage Act within four months.

Sanjay Kumar Seth Vs Smt.Urmila Devi — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:238557

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Court No. - 44

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Case :- MATTERS UNDER ARTICLE 227 No. - 12915 of 2023

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Petitioner :- Sanjay Kumar Seth Respondent :- Smt.Urmila Devi Counsel for Petitioner :- Ramesh Chandra Upadhyay,Mohini Singh

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Ramesh Chandra Upadhyay, learned counsel for the petitioner.

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Considering the nature of the order that is proposed to be passed, the service of notice upon respondent is being dispensed with.

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The present petition under Article 227 of the Constitution of India has been instituted for a direction to the Principal Judge, Family Court, Varanasi to decided the Case No. 266 of 2022 (Sanjay Kumar Seth versus Smt. Urmila Devi), under Section 13 of the Hindu Marriage Act within a time frame fixed by this Court.

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Learned counsel for the petitioner submits that petitioner has filed the case on 11.2.2022 for decree of divorce. Thereafter, after issuance of notice, respondent has put in appearance and filed vakalatnama. Learned counsel for the petitioner submits that petitioner has been examined by the Court below and thereafter, dates are being fixed for evidence. Learned counsel for the petitioner submits that purpose of filing the present petition would stand served, if appropriate directions are issued to the Court below to decide the same within a time frame fixed by this Court. In order to buttress his argument, learned counsel for the petitioner has invited the attention of this Court to various orders passed by the Court concerned.

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I have heard the learned counsel for the petitioner and perused the record.

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Considering the mandate of Section 21B (2) of Hindu Marriage Act, which contemplates that the proceedings should be brought to its logical end within a period of six months, this Court is of the opinion that in the facts and circumstances, that stand attracted to the case of the petitioner, it is a fit case in which indulgence may

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be granted by this Court for expediting the proceedings.

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Accordingly, the petition is disposed of by requiring the Principal Judge, Family Court, Varanasi seized with the Case No. 266 of 2022 (Sanjay Kumar Seth versus Smt. Urmila Devi), under Section 13 of the Hindu Marriage Act to conclude and decide the same within a period of four months from the date of service of certified copy of the order of this Court, in accordance with law without granting unnecessary adjournment to either of the parties.

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Order Date :- 16.12.2023 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Sanjay Kumar Seth v. Smt.Urmila Devi

Case brief

What is this about?

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Sanjay Kumar Seth v. Smt.Urmila Devi

Case brief

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