Disposed

Shilpa Aggarwal v. Raghvendra Tiwari

Uttarakhand HC1 Dec 2021WPMS/2528/2021

Case brief

AI extract

What is this about?

Petitioner seeking court direction for expedited disposal of Section 13(1)(a) divorce petition pending before Family Court, Roorkee due to personal hardships. Court disposed of writ by granting liberty to file application for early disposal with Family Court.

What did the court decide?

Liberty granted to petitioner to file an appropriate application before the Family Court for early disposal of the divorce proceedings.

Shilpa Aggarwal Vs Raghvendra Tiwari — Writ and Judicial Review | Uttarakhand HC (2021)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition (M/S) 2528 of 2021

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Shilpa Aggarwal .......….......Petitioner -versus-

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Raghvendra Tiwari ……...Respondent

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Date of hearing and Judgement : 01.12.2021

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Advocates appeared in the case:For Appellant : Navneet Kaushik, learned counsel for the petitioner For Respondents :

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Sri S.K.Mishra, J.

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1. Heard Mr. Navneet Kaushik, learned counsel for the petitioner.

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2. The writ application has been filed with the following prayer:

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“To pass an appropriate order or direction to the Court of learned Additional Judge, Family Court, Roorkee, District Haridwar to decide the proceeding of O.S. No. 314 of 2018 titled “Shilpa Aggarwal vs. Raghvendra Tiwari, under Section 13(1)(a) of the Hindu Marriage Act, 1955 to be decided within a period of 6 months or as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

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3. It is brought our notice that the prayer that the petitioner has deposed twice before the learned Additional Judge, Family Court, Roorkee, District Haridwar and two earlier occasions ex parte , judgement has been passed against the respondent, but on both the occasions, he has filed an application under Order 9 Rule 13 of the Code of Criminal Procedure, 1908, and got the judgment recalled. In the meantime, the petitioner has lost both her parents and she has also the obligation to support a child. Hence, she prayed that the O.S. No. 314 of 2018 titled “Shilpa Aggarwal vs. Raghvendra Tiwari, under Section 13(1)(a) of the Hindu Marriage Act, 1955 pending before the learned Additional Judge, Family Court, Roorkee, District Haridwar be expedited .

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4. Keeping in view the above submissions, the writ application is disposed of with a liberty to the petitioner to file an appropriate application before the learned Additional Judge, Family Court, Roorkee, District Haridwar for early disposal of the case. In case, such an application is filed and the case has not been disposed of in the meantime, the learned Additional Judge, Family Court, Roorkee, District Haridwar shall consider the grievance of the petitioner for expeditious disposal of the O.S. No. 314 of 2018 and if the learned Family Judge finds a cogent reasons for taking up expeditious disposal of the above mentioned case, he shall disposed of the same, after granting reasonable opportunities of hearing to the parties by speaking and reasoned

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order, preferably within three months of production of certified copy of this Order.

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5. There shall be no order as to the costs.

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6. Urgent certified copy of this order be granted on proper application.

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(S.K.Mishra) Judge

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KKS

Shilpa Aggarwal v. Raghvendra Tiwari

Case brief

What is this about?

What did the court decide?

Shilpa Aggarwal v. Raghvendra Tiwari

Case brief

What is this about?

What did the court decide?

What the court decided

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