Disposed

Col. Shishir Srivastava v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Another

Allahabad HC16 Jan 2024/4099/2023

Case brief

AI extract

What is this about?

In extraordinary criminal jurisdiction under Article 227, the Allahabad High Court directed the Family Court at Lucknow to expeditiously seize and conclude pending matrimonial proceedings between Col. Shishir Srivastava and Smt. Deepika Nigam, forbidding unnecessary adjournments while ensuring full opportunity of hearing.

What did the court decide?

The petition was disposed of with directions to the Family Court to expeditiously conclude the pending matrimonial suit (Case No. 2070 of 2020) without unnecessary adjournments.

Col. Shishir Srivastava Vs State of U.P Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4300

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 4099 of 2023

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Petitioner :- Col. Shishir Srivastava Respondent :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Another

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Counsel for Petitioner :- Surendra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for State-respondent no.1. In view of the order proposed to be passed by the Court, notices to private respondent no.2 is dispensed with.

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The petitioner has approached this Court seeking a direction for expeditious disposal of the matrimonial suit bearing no. 2070 of 2020 (Col. Shishir Srivastava vs. Smt. Deepika Nigam) pending before the Additional Principal Judge, Family CourtIII, Lucknow.

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It is submitted that the private respondent is delaying the proceedings despite the fact that she has been awarded maintenance. After much efforts and upon imposition of costs on the private respondent, the written statements came to be filed and the issues were framed on 16.11.2023.

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It is further urged that the petitioner is ready to co-operate and in the aforesaid circumstances the Suit may be expedited.

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Having considered the aforesaid submissions and on perusal of material on record, it appears that the matrimonial suit is pending before the Additional Principal Judge, Family CourtIII, Lucknow and the issues have been framed and the matter is listed for the evidence of the petitioner.

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Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending rather ends of justice can be met by directing the Court concerned to seize off the Case No.2070 of 2020 to expedite the proceedings and conclude the same as expeditiously as possible.

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It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall decide the matter, strictly in accordance with law, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

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With the aforesaid, the petition is disposed of .

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Order Date :- 16.1.2024

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Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Col. Shishir Srivastava v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Another

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Col. Shishir Srivastava v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Another

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