Disposed¶13

Sonu Sharma v. Ld. Court Additional Principal Judge-05, Family Court, Lucknow and Anr.

Allahabad HC12 Aug 2024/3759/2024

Case brief

AI extract

What is this about?

Expeditious disposal of matrimonial suit; urgency application; Article 227 petition; MATTERS UNDER ARTICLE 227 No. 3759 of 2024; Section 12(1)(c) Hindu Marriage Act 1955; Original Suit No. 945 of 2023 (Sonu Shrma Vs. Nidhi Pandey); transfer from Dehradun to Lucknow on Supreme Court direction; Additional Principal Judge Court No. 5 Family Court Lucknow; Manish Kumar J.; order dated 12.8.2024; Neutral Citation 2024:AHC-LKO:55439.

What did the court decide?

Liberty to the petitioner to move an urgency application for early disposal of Original Suit No. 945 of 2023 before the Additional Principal Judge, Court No. 5, Lucknow; the said Judge to decide such application expeditiously, in accordance with law, after hearing the parties, with only short adjournments if unavoidable. ¶13

Sonu Sharma Vs Ld. Court Additional Principal… — Matrimonial and Divorce | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued to the Additional Principal Judge, Court No. 5, Lucknow to decide Original Suit No. 945 of 2023 (Sonu Shrma Vs. Nidhi Pandey), preferred under Section 12(1)(c) of the Hindu Marriage Act, 1955, within a time specified by the High Court.

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Court's answer

Without entering into the merits of the case, and on the request of learned counsel for the petitioner, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the aforesaid suit before the Additional Principal Judge, Court No. 5, Lucknow.

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Ratio / Principle

If such an urgency application is preferred, the Additional Principal Judge, Court No. 5, Lucknow is expected to decide it, looking into the urgency mentioned therein, expeditiously and in accordance with law.

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Key takeaways

The urgency application is to be decided after giving opportunity of hearing to the parties concerned, in case there is no legal impediment, and if any adjournment is unavoidable only a short adjournment may be given.ratio¶14

Detailed headnote1 paragraphs

Article 227 (High Court of Judicature at Allahabad, Lucknow Bench) — Petition by husband seeking a direction to the Additional Principal Judge, Court No. 5, Lucknow for time-bound disposal of Original Suit No. 945 of 2023 (Sonu Shrma Vs. Nidhi Pandey) under Section 12(1)(c) of the Hindu Marriage Act, 1955; the suit was initially filed in 2021 at Dehradun and transferred to Lucknow on the direction of the Hon'ble Supreme Court upon the wife's transfer application. The petitioner had filed no urgency application before the trial court. Without entering into the merits, and on counsel's request, the petition was disposed of with liberty to move an urgency application; the trial Judge is expected to decide it expeditiously, in accordance with law, after giving opportunity of hearing, granting only short adjournments if unavoidable. (Manish Kumar, J.; Order Date 12.8.2024)

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Neutral Citation No. - 2024:AHC-LKO:55439

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3759 of 2024

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Petitioner :- Sonu Sharma

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Respondent :- Ld. Court Additional Principal Judge-05, Family Court, Lucknow And Anr.

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Counsel for Petitioner :- Sachin Kumar Pandey,Akhil Kumar Singh

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the Additional Principal Judge, Court No. 5, Lucknow to decide the Original Suit No. 945 of 2023 (Sonu Shrma Vs. Nidhi Pandey) preferred by the petitioner under Section 12 (1) (c) of the Hindu Marriage Act, 1955, within the time as specified by this Court.

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It is further submitted that initially the suit was preferred in the year 2021 at Dehradoon but the respondent-wife filed a transfer application before Hon'ble Supreme Court and on the direction of it, the matter has been transferred from Dehradoon to Lucknow and the new number of the original suit is Original Suit No. 945 of 2023.

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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.

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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.

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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 Additional Principal Judge, Court No. 5, Lucknow. If any such application is preferred, it is expected that Additional Principal

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Judge, Court No. 5, Lucknow 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.

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Order Date :- 12.8.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Sonu Sharma v. Ld. Court Additional Principal Judge-05, Family Court, Lucknow and Anr.

Case brief

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Sonu Sharma v. Ld. Court Additional Principal Judge-05, Family Court, Lucknow and Anr.

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