Disposed

Sumit Agrawal v. Neha Agrawal

Patna HC3 Dec 2021C.Misc./269/2021

Case brief

AI extract

What is this about?

Petitioner sought direction to the Family Court to expeditiously dispose of a pending divorce suit and related matters. The court directed the court below to dispose of the suit speedily subject to procedural impediments and noted defects in the respondent's unaffidavited application.

What did the court decide?

Direction to the Principal Judge, Family Court to dispose of the divorce case and pending petitions expeditiously as possible.

Sumit Agrawal Vs Neha Agrawal — Matrimonial and Divorce | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA (From The Official Chambers Via Video Conferencing) CIVIL MISCELLANEOUS JURISDICTION No.269 of 2021

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Sumit Agrawal Son of Late Ashok Agrawal Resident of 202, Amba Residency, Boring Canal Road, patna, at Present 102 Chandra Residency, Boaring Road, P.S. Sri Krishnapuri, District- Patna.

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... ... Petitioner

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Versus

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Neha Agrawal Daughter of Arun Khemka, Resident of 32 Baranashi Ghosh Street, P.S. - Girish Park, Kolkota (West Bengal)

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... ... Respondent

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar For the Respondent/s : Ms.Neha Agrawal (Inperson) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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3 03-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner as well as respondent, Neha Agrawal who appeared in person.

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Learned counsel for the petitioner has submitted that the suit for divorce was filed by the plaintiff Sumit Agrawal as matrimonial (divorce) Suit No. 1044 of 2016. He has submitted that respondent Neha Agrawal appeared in the year 2016 and filed her written statement in the year October, 2017.

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Learned counsel for the petitioner has submitted that two witnesses have already been examined but due to some reason or other the progress of suit is not as per optimum level. Lastly, the

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Patna High Court C.Misc. No.269 of 2021(3) dt.03-12-2021 2/3

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prayer has been made to issue the direction to the court below for expeditious disposal of the divorce case.

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On the other hand, respondent Neha Agrawal submitted that she has filed some petitions which are still to be disposed of by the learned Principal Judge, Family Court and for the ends of justice, those applications are necessary to be disposed of. It appears that the petitioner as well as the respondent both wants speedy disposal of the case but, at the same time, the disposal of the petitions filed by the respondent is also necessary for the ends of justice.

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Learned counsel for the petitioner has submitted that a separate miscellaneous case has already been initiated in respect of the petition under Section 340 of the Cr.P.C.

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On the above mentioned facts and circumstances, the learned Principal Judge, Family Court, Patna is directed to take every endeavor to dispose of the divorce case as expeditiously as possible, subject to any legal or procedural impediment.

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So far as interlocutory application which has been filed by the respondent is concerned, it has not been affidavited on oath as the ID of the person concern is wanting.

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With the above-mentioned observations, this miscellaneous petition is being disposed of.

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Office shall ensure that all defects are removed by the

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Patna High Court C.Misc. No.269 of 2021(3) dt.03-12-2021 3/3

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petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey , J)

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SONALI/- U

Sumit Agrawal v. Neha Agrawal

Case brief

What is this about?

What did the court decide?

Sumit Agrawal v. Neha Agrawal

Case brief

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