Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4768 of 2021 Petitioner :- Dhirendra Kumar Maurya Respondent :- Madhulata Counsel for Petitioner :- Dinesh Kumar Singh
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:-
"1. Issue an order or direction to the respondent no. 1 to expeditiously decide Original suit no. 339 of 2018 (Dhirendra v. Madhulata) within a short time bound period as may be determined in the facts and circumstances of the case."
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 Original suit no. 339 of 2018 (Dhirendra v. Madhulata) 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.
Copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 30.9.2021 Sanjeev