This petition under Article 227 sought a direction to decide a pending divorce case expeditiously. The Court granted liberty to move an urgency application without deciding the merits.
The Court disposed of the petition with liberty to move an urgency application for early disposal of the pending case before the Family Court.
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Neutral Citation No. - 2024:AHC-LKO:45097
Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 3061 of 2024
Petitioner :- Reena Singh Respondent :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Gaurav Gupta,Jyoti Rajpoot Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
Heard.
Learned counsel for the petitioners has submitted that present petition has been preferred to direct the respondent no. 2/Additional Principal Judge Family Court No. 5 Family Court Lucknow to decide the Case No. 3338 of 2020 (Reena Singh Vs. Rajeev Kumar Singh) preferred by the petitioner under Section 13 (1) (a) of the Hindu Marriage Act pending since the year 2020 within the time stipulated by this Court.
On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the case, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.
At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the case before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.2 within the stipulated time fix by this Court.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the aforesaid case before the respondent no. 2. If any such application is preferred, it is
expected that respondent no. 2 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.
Order Date :- 3.7.2024 Ashish
Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to direct the Family Court to decide a pending divorce case within a stipulated time.
1 provisions across 1 enactments
Reena Singh
State of U.P.
Secy. Home Lko.
2 Others
Manish Kumar
As recorded by the court registry
2 orders share this CNR
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