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2023 Supreme(Online)(All) 29098

ALLAHABAD HIGH COURT
AJIT KUMAR
SIKHA SHUKLA – Appellant
Versus
SUNIL SHUKLA – Respondent
A227/64/2023



Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 64 of 2023

Petitioner :- Sikha Shukla

Respondent :- Sunil Shukla

Counsel for Petitioner :- Ramesh Chandra Sinha

Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner and perused the record.

By means of this petition filed under Article 227 of the

Constitution, the petitioner wants that matrimonial case of

divorce suit filed under Section 13 of the Hindu Marriage Act,

1955 registered as Divorce Suit No.- 605 of 2021 pending

before the Additional Principal Judge, Family Court, Allahabad,

may be expedited.

Considering the fact that it is a matrimonial dispute and there is

provision contained under Section 21-B of the Hindu Marriage

Act, 1955, coupled with the fact that opposite party has already

put in appearance, this petition stands disposed of with a

direction to the Additional Principal Judge, Family Court,

Allahabad to get the matter disposed of within a statutory

period as prescribed for under Section 21-B of the Hindu

Marriage Act, 1955 without granting unnecessary adjournment

to either of the parties.

It is made clear that the proceedings of divorce will not be

affected by any misc. application pending before the court

concerned.

However, if for any technical reason and unavoidable

circumstances the aforesaid order is not complied with in a

sense that the suit does not get disposed of within time framed

by this Court, such delay will not by itself hold the Presiding

Judge personally liable for any contempt of this Court but in

view of the direction for expeditious disposal the court

concerned shall have to record special reasons for granting

adjournment.

Order Date :- 18.1.2023

Atmesh

Digitally signed by :-

ATMESH KESARI

High Court of Judicature at Allahabad

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