High Court quashed the stay order on a divorce petition under Section 13(1)(Ia) HMA and granted liberty to the petitioner to file an urgency application for speedy disposal.
Petitioner granted liberty to move an urgency application for early disposal of Regular Suit No. 3066 of 2019 before the Family Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:49045
Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 3309 of 2024
Petitioner :- Diwakar Yadav
Respondent :- Addl. Prin. Judge Family Court Lko. And Another Counsel for Petitioner :- Anand Dubey,Ashish Kumar Yadav
Hon'ble Manish Kumar,J.
Heard.
Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no. 1-Additional Principal Judge, Room No- VIII, Family Court, Lucknow to decide the Regular Suit No. 3066 of 2019 (Diwaker Yadav Vs. Sameeksha Yadav) preferred by the petitioner under Section 13 (1)(Ia) of the Hindu Marriage Act, 1955, which is pending from the last five years within the time as specified by this Court.
It is further submitted that the respondent no. 2 is avoiding the proceedings which could be seen from the order sheet filed alongwith writ petition.
On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the aforesaid suit, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.
At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the aforesaid suit before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the Court concerned within the stipulated time fix by this Court.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of aforesaid suit before the respondent no. 1. If any such application is preferred, it is
expected that respondent no. 1 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no legal impediment and if any adjournment is unavoidable only short adjournment may be given.
Order Date :- 22.7.2024 Ashish
Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the Court should issue a direction to the Family Court to dispose of the pending divorce petition expeditiously.
Whether the petitioner can move an urgency application for early disposal of the suit with liberty from the High Court.
2 provisions across 2 enactments
Diwakar Yadav
Addl. Prin. Judge Family Court Lko.
Manish Kumar
As recorded by the court registry
2 orders share this CNR
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