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(2024) Law Today Live Doc. Id. 19543 = 2024 :AHC: 155339
Decided on: 23.09.2024
Counsel for Petitioner: Deepak Singh, Vinay Kumar Sharma
Constitution of India, Article 227 – Hindu Marriage Act, 1955 (25 of 1955), Section 13, 21B – Long pendency of Divorce petition – Speedy disposal – Mandate of -- Suit of year 2020 -- Direction issued to the Principal Judge, Family Court to decided case in accordance with law maximum within a period three months in light of Section 21-B of Act, 1955 after providing opportunity of hearing to opposite party and without granting any unnecessary adjournment to either of the parties.
(Para 2-4)
ORDER
NEERAJ TIWARI, J. –
1. Heard learned counsel for the petitioner.
2. Present petition has been filed with the following prayer:-
"(I). Issue a direction under Article 227 to learned Principal Judge, Family Court, Gautam Budh Nagar to expedite and conclude the fate of Suit No. 304 of 2020 (Abhinandan Kumar Vs. Sweta Karan) filed u/s 13(1) (i-a) of Hindu Marriage Act, within time fixed by this Hon'ble Court.
3. Learned counsel for the petitioner submitted that petitioner has filed aforesaid case Under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as Act, 1955). He next submitted that Section 21-B of Act, 1955 contemplates to decide the case within six months from the date of filing. He lastly submitted that as the case is pending since long, therefore, direction may be issued to trial Court to decide the aforesaid case at the earliest.
4. In the facts and circumstances of the case as well as considering the pendency of aforesaid case since long, the present petition is finally disposed of with direction to the Principal Judge, Family Court, Gautam Budh Nagar to decide the aforesaid case in accordance with law maximum within a period three months in light of Section 21-B of Act, 1955 after providing opportunity of hearing to opposite party and without granting any unnecessary adjournment to either of the parties. In case any adjournment is granted, Court shall record the detail reasons for the same.
Order accordingly.
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