Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3855 of 2021 Petitioner :- Ajay Rawat Respondent :- Additional Principal Judge Family Court And Another Counsel for Petitioner :- Rohit Kumar Pandey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i). To issue a direction / writ of mandamus commanding the Respondent no. 1/ Additional Principal Judge, Family Court, Court No. 4, Ghaziabad to decide the Case No. 1070 of 2011 (Ajay Rawat v. Smt. Rekha) filed by the petitioner U/s 13 of Hindu Marriage Act, 1955, within a fixed period, preferably within further six months."
It is argued by the learned counsel for the petitioner that opposite party no. 2 has already appeared in divorce suit pending before the Principal Judge, Family Court Ghaziabad.
Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid Case No. 1070 of 2011 (Ajay Rawat v. Smt. Rekha) strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eight months from the date of production of copy of this order.
It is, however, directed that while deciding the matrimonial dispute for the discord in relation as may have been pleaded in the divorce petition, endeavour of the Presiding Judge must be to take every possible step to save the marriage in the light of the provisions contained under Section 9 of the Family Courts Act, 1984 before finally concluding the proceedings.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV- 2/COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 12.8.2021 IrfanUddin