Puneet Kumar Singh Vs the Ld. Court of Addl. Prin… — Matrimonial and Divorce | Allahabad HC (2024)

Puneet Kumar Singh Vs the Ld. Court of Addl. Prin… — Matrimonial and Divorce | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction issued to the Additional Principal Judge, Court No.4, Family Court, Lucknow to decide Case No.1350 of 2008 (Puneet Kumar Singh v. Asha Singh) on merits as expeditiously as possible, preferably within three months from the date a certified copy of the order is produced before him; liberty to permit personal appearance of the parties if lawyers do not co-operate; petition finally disposed of without entering into merits.

Issue for consideration

Whether the High Court should direct respondent no.1 (Additional Principal Judge, Court No.4, Family Court, Lucknow) to decide Case No.1350 of 2008 under Section 13 of the Hindu Marriage Act, 1955, pending for more than 16 years, within a stipulated period of time.

Court's answer

Pendency of the proceeding under Section 13 of the Hindu Marriage Act, 1955 for more than 16 years cannot be justified.

Ratio / Principle

The Additional Principal Judge, Court No.4, Family Court, Lucknow is directed to decide Case No.1350 of 2008 (Puneet Kumar Singh v. Asha Singh) on merits as expeditiously as possible, preferably within a period of three months in accordance with law from the date a certified copy of the order is produced before him.

Key takeaways

If the lawyers do not co-operate with the proceedings, either on account of abstainment of work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the case.ratio¶10
The order was passed without entering into the merits of the case.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Syed Qamar Hasan Rizvi, J.), order dated 4.6.2024 in MATTERS UNDER ARTICLE 227 No. 2821 of 2024 (Puneet Kumar Singh v. The Ld. Court of Addl. Prin. Judge Court No. IV, Family Court, Lko. and another; neutral citation 2024:AHC-LKO:42352). Petition under Article 227 sought a direction to the Family Court to decide the petitioner's suit under Section 13 of the Hindu Marriage Act, 1955 (Case No.1350 of 2008, Puneet Kumar Singh v. Asha Singh), pending since 2008 with pleadings complete. Held: pendency for more than 16 years 'cannot be justified'; the Additional Principal Judge, Court No.4, Family Court, Lucknow directed to decide the case on merits as expeditiously as possible, preferably within three months in accordance with law from production of a certified copy of the order; if lawyers do not co-operate, including abstention from work, the court concerned shall permit personal appearance of the parties; order passed without entering into the merits. Petition finally disposed of.

Neutral Citation No. - 2024:AHC-LKO:42352

Court No. - 4

Case :- MATTERS UNDER ARTICLE 227 No. - 2821 of 2024

Petitioner :- Puneet Kumar Singh Respondent :- The Ld. Court Of Addl. Prin. Judge Court No. Iv,Family Court, Lko. And Another Counsel for Petitioner :- Akshay Kumar Singh,Brijesh Kumar Singh,Palak Jawa

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Shri Brijesh Kumar Singh, learned Senior Counsel assisted by Shri Akshay Kumar Singh, learned counsel for the petitioner.

By means of the present petition the petitioner has prayed for a direction to respondent no.1 to decide the suit filed by the petitioner under Section 13 of the Hindu Marriage Act, 1955 (for short the Act) against respondent no.2 bearing Case No.1350 of 2008 pending before respondent no.1 within a stipulated period of time.

The submission of the learned counsel for the petitioner is that the proceeding under Section 13 of the Act is pending since 2008 and for one or the other reason the matter could not be finally decided as yet although more than 16 years have passed. He has further submitted that the pleadings are complete in the matter but the matter could not have been decided due to non-cooperation from the side of the opposite party.

Copy of the order sheet annexed with the writ petition reveals that the matter was fixed for 10.5.2024. Learned counsel for the petitioner has filed a supplementary affidavit today in the Court to show that again an adjournment has been sought on behalf of the opposite party. The submission of the learned counsel for the petitioner is appealing. Proceeding under Section 13 of the Act is pending since for more than 16 years that cannot be justified.

Taking into consideration the above facts this Court directs the Additional Principal Judge, Court No.4, Family Court, Lucknow to decide Case No.1350 of 2008 (Puneet Kumar Singh v. Asha Singh) on merits as expeditiously as possible, preferably within a period of three months in accordance with law from the date a certified copy of this order is produced before him. In case the lawyers do not co-operate with the proceedings either on account of abstainment of work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case.

It is made clear that this order has been passed without entering into the merits of the case.

With the aforesaid observations the petition stands finally disposed of.

Order Date :- 4.6.2024 Anupam

Digitally signed by :- ANUPAM SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench