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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