Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3134 of 2019 Petitioner :- Atanu Talukder Respondent :- Additional Judge And Another Counsel for Petitioner :- Narendra Kumar Chaturvedi
Hon'ble Saurabh Shyam Shamshery,J.
Sri Narendra Kumar Chaturvedi, learned counsel for the petitioner submits that the petitioner had filed a divorce suit being suit no 1148 of 2013 (Atanu Talukder Vs Anamika Talukder) pending in the court of Addl Judge, Family Court/FTC-II Gorakhpur. Initially, the suit was filed in the territorial jurisdiction of Delhi. However, by order passed by the Supreme Court suit was transferred to Gorakhpur and since the year 2013, the suit of divorce is still protracting. Presently, it is stuck at the stage of cross examination of petitioner. On the basis of order sheet which is annexed as Annexure 2 to this petition, the learned counsel tried to show that the respondent in order to delay the proceeding is unnecessarily not concluding the cross examination of the petitioner for the last many dates. It is therefore submitted that appropriate direction may be issued by this Court to the trial court to expedite the trial of the suit concerned.
Considered the submissions made across the bar and perused the record.
In the light of the judgment of the Supreme Court in M/S Shiv Cotex Vs Tirgun Auto Plast P. Ltd and others 2011 (89) ALR 232, it is directed that the trial court may endeavor to expedite the suit mentioned above and take it to finality within a period of nine months from the date of production of a certified copy of this order.
The petition is disposed of in terms of the above directions.
Order Date :- 26.4.2019 MH