In a petition under Article 227, the petitioner sought direction to the Family Court, Agra, to expedite and conclude the dissolution of marriage proceedings instituted under Section 13 of the Hindu Marriage Act within a stipulated time. The court found that no interim orders could be passed at that stage and dismissed the petition.
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Neutral Citation No. - 2023:AHC:143819
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 7256 of 2023
Petitioner :- Smt. Alaknanda Respondent :- Upendra Kumar Counsel for Petitioner :- Dr. Akhilesh Kumar
Hon'ble Jayant Banerji,J.
"I. That this Hon'ble Court may be pleased to allow this petition and direct the Principal Judge Family Court Agra to decide the dissolution of marriage petition no. 625 of 2023 (Smt. Alaknanda Vs Upendra Kumar) under Section 13, Hindu Marriage Act early as possible within a stipulated time, pending before Family Court Agra.
II. That this Hon'ble Court may direct to the Principal Judge Family Court Agra to decide the dissolution of marriage petition no. 625 of 2023 (Smt. Alaknanda Vs Upendra Kumar) under section 13, Hindu Marriage Act to conclude the trial by fixing a day to day until its conclusion."
in this petition.
Order Date :- 19.7.2023 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 expedite the dissolution of marriage proceedings instituted under Section 13 of the Hindu Marriage Act.
Whether the High Court can direct day-to-day hearing for the conclusion of a dissolution of marriage petition under Section 13 of the Hindu Marriage Act.
2 provisions across 2 enactments
Smt. Alaknanda
Upendra Kumar
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
