Disposed

Abhishek Mishra v. Smt. Madhulika Tripathi

Allahabad HC21 Sept 2024A227/4517/2024

Case brief

AI extract

What is this about?

This is a writ petition under Article 227 seeking direction for expedited disposal of a matrimonial suit pending for three years on an ex-parte basis. The High Court directed the concerned Family Court to decide the suit within four months.

What did the court decide?

Direction to the Additional Principal Judge, Family Court-7, Lucknow to decide the regular suit within four months.

Abhishek Mishra vs Smt. Madhulika Tripathi — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65333

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Court No. - 18

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Case :- MATTERS UNDER ARTICLE 227 No. - 4517 of 2024 Petitioner :- Abhishek Mishra Respondent :- Smt. Madhulika Tripathi Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the petitioner. In view of the order being passed, notice to opposite party stands dispensed with.

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Petition is being filed seeking a direction to the concerned court for expeditious disposal of the regular suit filed by the petitioner under Section 13(1)(1a) of the Hindu Marriage Act, 1955.

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It has been submitted by learned counsel for the petitioner that despite service of notice, the defendant failed to appear in the proceedings and the proceedings were continued ex-parte vide order dated 02.08.2022, whereafter, judgment was also reserved on 10.08.2022, but the matter is thereafter being continued for hearing on ex-parte basis due to continued nonappearance of the defendant. It is submitted that already three years have been passed with regard to the pendency of the aforesaid proceedings.

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Considering the aforesaid submissions by learned counsel for the petitioner and upon perusal of order sheet, it appears that the proceedings of the suit are ongoing, on ex-parte basis. The judgment also appears to have been reserved in the year 2022.

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In view of the aforesaid, the court concerned being the Additional Principal Judge, Family Court-7, Lucknow is directed to decide the Regular Suit No.1799 of 2021; Abhishek Mishra vs. Smt. Madhulika Tripathi , expeditiously, preferably within a period of four months from the date a certified copy of this order is produced, in case there is no legal impediment.

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The aforesaid time period shall be subject to co-operation by the petitioner in the early disposal of the suit proceedings.

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With the aforesaid direction the petition is disposed of.

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(Manish Mathur, J.)

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Order Date :- 21.9.2024 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Mishra v. Smt. Madhulika Tripathi

Case brief

What is this about?

What did the court decide?

Abhishek Mishra v. Smt. Madhulika Tripathi

Case brief

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What did the court decide?

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