Disposed

Prafull Kumar Verma v. Principal Judge Family Court Barabanki and Another

Allahabad HC4 Jun 2024A227/2901/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking orders to expedite the disposal of a divorce case. The petitioner alleged settlement but continuity of pendency. The court directed the Family Court to decide the case within three months.

What did the court decide?

Directed the Family Court to decide the divorce case within three months and prevent unnecessary adjournments.

Prafull Kumar Verma Vs Principal Judge Family… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42452

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 2901 of 2024

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Petitioner :- Prafull Kumar Verma

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Respondent :- Principal Judge Family Court Barabanki And Another

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Counsel for Petitioner :- Janendra Kumar Verma

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Janendra Kumar Verma, learned counsel for the petitioner.

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The present writ petition has been filed, inter alia , for the following relief:

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"(i) To issue a writ, order or direction to the opposite parties no.1 to decide the case Under Section 13(B) Hindu Marriage Act for divorce bearing case no.276 of 2023 "Praful Kumar Verma versus Smt Rubi Verma" as soon as possible pending before him since 27.03.2023.

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(ii) To issue an order or direction to the opposite party no.1 to direct the opposite party no.2 to appear before the court for disposal of the case.

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(iii) To issue an order or direction to opposite party no.1 to get insure best purpose of filing of case without causing prejudice to any of party."

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The submission of the learned counsel for the petitioner is that the matter has already been settled between the parties through mediation on 07.06.2023. The terms of the settlement are as under:

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"...............

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5- पकककरगणयहपपषषकरततहहऔरघघषषतकरततहहषकउनहहनतमधयसथककउपससथषत

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सतसवतचछकऔरअपननसवत त इचछकसतषनपटकनकककरकरषकयकहह।

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6- षनमनलललखतकरकरइसकतपकककरहकतमधयषकयकगयक -

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1- पकककरहकतमधयआपसनमतभतदककफकबढजकनतकतककरणअलग - अलगरहहगत।

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2- पकककरहकतमधयलतनदतनहघगयकहहपकककरहनतवनटकइमसतटलमहटकरललयकहहरबनवमकरवनटकइम सतटलमहटकततहत 09 लकखर०अपनतपषतपफपलकपमकरवमकरसतपकपकरचपककहहशतषषकसनपककरकक कघईलतनदतनशतषनहहहह।

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3- पकककरअपनतवकद u/s 13 BH.M. एकटमहउपससथतआकरषववकहषवचछतदककषडगनपकपकरलहगत।

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.................."

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The contention of the learned counsel for the petitioner is that despite the matter having been settled in the mediation proceedings, the opposite party no.2 is avoiding to appear before the court concerned for final disposal.

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Learned counsel for the petitioner has annexed the copy of the order-sheet which reflects that the case has been adjourned for one or the other reason. It has been submitted by the learned counsel for the petitioner that although the matter has been settled but due to pendency of the case, the petitioner is unnecessarily being harassed and is facing undue hardship.

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In view of the nature of the order proposed to be passed, the service of notice upon the respondent no.2 is dispensed with.

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Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.

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Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition with a direction to Principal Judge, Family Court, Barabanki (respondent No.1), before whom the aforementioned matter is pending for disposal, to decide the Case No. 276 of 2023 (Praful Kumar Verma versus Smt Rubi Verma), strictly in accordance with law, expeditiously and if possible on the next date fixed in the matter or within a maximum period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments will be granted to either of the parties and the adjournment, if prayed for, will be permissible

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to be granted only in exceptional circumstances.

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With the aforesaid direction, the present writ petition is disposed of .

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Order Date :- 4.6.2024 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Prafull Kumar Verma v. Principal Judge Family Court Barabanki and Another

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Prafull Kumar Verma v. Principal Judge Family Court Barabanki and Another

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