Disposed

Shishir Tripathi v. Additional Principal Judge v, Family Court, Lko. and Another

Allahabad HC13 Mar 2024A227/1236/2024

Case brief

AI extract

What is this about?

This court, in a writ petition under Article 227, remarked upon the excessive delay in a regular matrimonial suit (Section 13 HMA) pending before the Family Court, Lucknow, and directed the learned trial court to dispose of the suit expeditiously without unnecessary adjournments, warning against misuse of liberty.

What did the court decide?

Directed the Family Court to dispose of the suit expeditiously without unnecessary adjournments.

Shishir Tripathi vs Additional Principal… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 1236 of 2024

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Petitioner :- Shishir Tripathi Respondent :- Additional Principal Judge V, Family Court, Lko. And Another Counsel for Petitioner :- Sharad Tewari

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Hon'ble Jaspreet Singh,J.

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Heard Sri Atul Tripathi appearing under the instructions of Sri Sharad Tewari, learned counsel for the petitioner. Notice on behalf of the respondents No.1 has been accepted by the office of the Chief Standing Counsel.

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In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with.

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By means of the instant petition, the petitioner seeks expeditious disposal of his Case bearing Regular Suit No. 1889 of 2020 (Shishir Tripathi Vs. Smt. Hari Priya Tripathi) filed under Section 13 of the Hindu Marriage Act, 1955 pending before the respondent No.1 i.e. Additional Principal Judge-V, Family Court, Lucknow.

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The submission of learned counsel for the petitioner is that the suit for dissolution of marriage was filed by the petitioner on 21.08.2020. It is urged that despite the defendant was served yet on one ground or the other she has been seeking time to file her written statement and ultimately the written statement came to be filed in September, 2023 and thereafter the issues were framed on 01.12.2023.

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Since thereafter, the petitioner has already filed his examination-in-chief on affidavits and the defendants have been delaying the proceedings as shall be evident from the extracts of the order sheet which have been brought on record as Annexure No. 2.

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It is urged that in the aforesaid circumstances, an expedite order be passed otherwise the petitioner shall suffer an irreparable loss and injury.

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Considering the aforesaid facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the Additional Principal Judge-V, Family Court, Lucknow who is seized of the Regular Suit no. 1889 of

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2020 to consider and finally decide the said suit as expeditiously as possible affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties.

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It is also provided that In case if any party misuses the liberty, the Trial Court shall be well within its right to impose costs to be enhanced progressively in light of the principles laid down by the Apex Court in Vinod Seth Vs. Devinder Bajaj and Another; (2010) 8 SCC 1 .

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It is made clear that the Court has not examined case of either of the parties on merits and the court concerned shall decide the same strictly in accordance with law.

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With the aforesaid, the petition is disposed of . Order Date :- 13.3.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shishir Tripathi v. Additional Principal Judge v, Family Court, Lko. and Another

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Shishir Tripathi v. Additional Principal Judge v, Family Court, Lko. and Another

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