Disposed¶15

Smt. Swati Singh v. Addl. Prin. Judge Court NO.2 Family Courts Lko and Another

Allahabad HC10 Jun 2025A227/3616/2025

Case brief

AI extract

What is this about?

Expedition of divorce trial; time-bound disposal direction (six months) to Family Court, Lucknow; Article 227 writ; Section 13(ia)(ib) Hindu Marriage Act; Matrimonial Case No. 1468 of 2023 (Swati Singh v. Abhishek Singh) pending since 08.05.2023; issues framed; no unnecessary adjournments; reasoned order on merit; service on respondent no. 2 dispensed with; petition disposed of, not decided on merits.

What did the court decide?

Direction to the Additional Principal Judge, Court No.2, Family Court, Lucknow to decide Matrimonial Case No. 1468 of 2023 strictly in accordance with law by a reasoned order on merit after hearing the parties, expeditiously and preferably within six months from receipt of certified copy of the order, with adjournments restricted to exceptional circumstances. ¶15

Smt. Swati Singh Vs Addl. Prin. Judge Court NO.2… — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶15

Issue for consideration

Whether the writ petition should be disposed of with a direction to the Principal Judge, Court No.2, Family Courts, Lucknow to expedite and decide Matrimonial Case No. 1468 of 2023 within a time-bound period.

¶9

Court's answer

Without adverting on merits, the Court found no useful purpose in keeping the writ petition pending and finally disposed of it with a direction to the Additional Principal Judge, Court No.2, Family Court, Lucknow (respondent No. 1), before whom the case is pending, to decide Case No. 1468 of 2023.

¶14

Ratio / Principle

The Family Court is directed to decide Case No. 1468 of 2023 strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within six months from receipt of a certified copy of the order, unless there is any legal impediment.

¶14

Key takeaways

No unnecessary adjournments shall be granted to either party; any adjournment prayed for shall be granted only in exceptional circumstances.ratio¶14
In view of the nature of the order proposed, service of notice upon respondent no. 2 was dispensed with.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Neutral Citation 2025:AHC-LKO:35361 (Rizvi, J.) — Writ petition under Article 227 by wife (Smt. Swati Singh) seeking expeditious disposal of her divorce suit (Matrimonial Case No. 1468 of 2023 under Section 13(ia)(ib) of Hindu Marriage Act, Swati Singh v. Abhishek Singh) pending since 08.05.2023 before Court No.2, Family Courts, Lucknow, wherein issues stood framed. Notice on respondent no. 2 dispensed with. Without expressing any view on merits, the Court disposed of the petition directing the Additional Principal Judge, Court No.2, Family Court, Lucknow (respondent No. 1) to decide the case strictly in accordance with law by a reasoned order on merit after affording opportunity of hearing to the parties, expeditiously and preferably within six months from receipt of a certified copy of the order, unless there is any legal impediment, and directing that no unnecessary adjournments be granted to either party, any adjournment being permissible only in exceptional circumstances. Order dated 10.6.2025.

¶1

Neutral Citation No. - 2025:AHC-LKO:35361

¶2

Court No. - 3

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 3616 of 2025

¶4

Petitioner :- Smt. Swati Singh Respondent :- Addl. Prin. Judge Court No.2 Family Courts Lko And Another

¶5

Counsel for Petitioner :- Anshuman Singh

¶6

Hon'ble Syed Qamar Hasan Rizvi,J.

¶7

Heard Sri Anshuman Singh, learned counsel for the petitioner.

¶8

By means of the present writ petition, the petitioner has prayed for the following relief:

¶9

"Issue an order or direction thereby commanding and directing the learned Principal Judge, Court No.2, Family Courts, Lucknow to expedite the proceedings and decide the Divorce Suit bearing Matrimonial Case No. 1468 of 2023, under Section 13(ia)(ib) of Hindu Marriage Act, title Swati Singh versus Abhishek Singh, pending since 08.05.2023 by fixing short dates within such time bound period as may be deemed fit and fixed by this Hon'ble Court."

¶10

The submission of the learned counsel for the petitioner is that the Divorce Suit bearing Matrimonial Case No. 1468 of 2023 filed under Section 13(ia)(ib) of Hindu Marriage Act (Swati Singh versus Abhishek Singh) is pending since 08.05.2023 and the issues have already been framed. It is further submitted by the learned counsel for the petitioner that the petitioner is regularly participating in the proceedings of the said case but for one or other reason, the same could not be finally adjudicated till date. He further submits that due to pendency of the aforesaid case, the petitioner is facing undue hardship.

¶11

In view of the nature of the order proposed to be passed, the

¶12

service of notice upon the respondent no. 2 is dispensed with.

¶13

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.

¶14

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 the learned Additional Principal Judge, Court No.2, Family Court, Lucknow (respondent No. 1), before whom the aforementioned case is pending for disposal, to decide the Case No. 1468 of 2023, strictly in accordance with law, by a reasoned order on merit after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a period of six 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 be granted to either of the parties and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances.

¶15

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

¶16

Order Date :- 10.6.2025 Abhishek Gupta

¶17

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

Smt. Swati Singh v. Addl. Prin. Judge Court NO.2 Family Courts Lko and Another

Case brief

What is this about?

What did the court decide?

Smt. Swati Singh v. Addl. Prin. Judge Court NO.2 Family Courts Lko and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

M/S Lunar Infotech Private Ltd. Thru. Its Authorized Representative Mr. Mukesh Kumar Srivastava Vs Alok Kumar, Prin. Secy. Deptt. of Infrastructure and Industrial Development Lko.

Jagmohan and Another Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 5 Others

M/S Lunar Infotech Private Ltd. Thru. Its Authorized Representative Mr. Mukesh Kumar Srivastava vs Alok Kumar, Prin. Secy. Deptt. of Infrastructure and Industrial Development Lko.

Manju Devi vs Court of Civil Judge (Junior Division) South Unnao and 2 Others

Manokamini Singh vs Addl. Civil Judge Senior Division Court No 3 Hardoi and 3 Others

Rajesh Kumar vs Managing Director U.P. Sahkari Gram Vikas Banks Ltd. Lko. and 2 Others