Matters under Article 227. Petitioner prayed for an order directing the Family Court to decide her consent divorce petition under Section 13-B expeditiously. The Court held no direction can be granted under Section 13-B.
Petition dismissed as a direction for speedy disposal under Section 13-B cannot be granted.
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Neutral Citation No. - 2023:AHC:136817
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 7188 of 2023
Petitioner :- Aashi Mittal Respondent :- Mohit Mittal Counsel for Petitioner :- Lavkush Kumar Bhatt
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner.
This petition has been filed with the following prayer:
"i) Issue an order or direction in the commanding and directing to the Principal Judge, Family Court, Farrukhabad to decide Consent Marriage Case No.47 of 2020 (Aashi Mittal Vs. Mohit Mittal) under Section 13-B of the Hindu marriage Act expeditiously in a short stipulated period."
Learned counsel for the petitioner states that the defendantrespondent is not appearing in the case before the Family Court.
Admittedly, the case was filed under Section 13-B of the Hindu Marriage Act. As such, no direction as sought for can be granted.
This petition is misconceived and it is, accordingly, dismissed.
The Registrar (Compliance) is directed to send a copy of this order to the concerned Court within fifteen days.
Order Date :- 11.7.2023 K.K.Tiwari
(Jayant Banerji, J.)
Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can direct the Family Court to decide a consent divorce petition expeditiously under Article 227.
Whether a direction can be granted in a matter filed under Section 13-B of the Hindu Marriage Act.
2 provisions across 2 enactments
Aashi Mittal
Mohit Mittal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
