Under Article 227, the petitioner sought expeditious disposal of a Section 9 Hindu Marriage Act petition. The court dismissed it due to insufficient pleadings regarding pendency of related Section 24 proceedings, granting liberty to file afresh with complete details.
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Neutral Citation No. - 2024:AHC-LKO:22265
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 1263 of 2024
Petitioner :- Antima Yadav
Respondent :- Learned Principal Judge Family Court Sultanpur And Another Counsel for Petitioner :- Pramod Kumar
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner.
By means of the instant petition, the petitioner seeks expeditious disposal of a petition under Section 9 of the Hindu Marriage Act, 1955 filed by the private-respondent.
There is no mention in the pleadings regarding pendency of other proceedings, however, from the perusal of the extracts of the order-sheets, it revealed that there are certain proceedings under Section 24 of the Hindu Marriage Act, 1955 which are engaging the attention of the parties. However, there are no pleadings to the aforesaid effect and there is nothing on record to indicate what is the status in both the proceedings.
In view of this matter, this Court is not inclined to entertain the petition which is dismissed with liberty to the petitioner to file afresh petition with appropriate pleadings and complete ordersheets and status of the proceedings. In case such a petition is filed, the same shall be considered on its own merits.
With the aforesaid liberty, the petition is dismissed .
Order Date :- 14.3.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Can a petition under Article 227 be entertained when pleadings do not disclose the status of pending Section 24 proceedings?
Whether the petitioner can file a fresh petition after dismissal with liberty?
2 provisions across 2 enactments
Antima Yadav
Learned Principal Judge Family Court Sultanpur
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
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