Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5895 of 2021 Petitioner :- Janab Mohammad Arif Khan Respondent :- Mohtarma Aysha Begum Counsel for Petitioner :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava
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). Issue a writ, order or direction in the nature of Mandamus commanding the court of learned Principal Judge, Family Court, Fatehpur to expedite and conclude the hearing of Petition No. 190 of 2017 U/s 281 of Mohammeddan Law (Janab Mohammad Arif Khan Vs. Mohtarma Aysha Begum) (Annexure No. 1 to this Petition) pending before him within some stipulated period as prescribed by this Hon'ble Court in the interest of justice."
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 Petition No. 190 of 2017 U/s 281 of Mohammeddan Law (Janab Mohammad Arif Khan Vs. Mohtarma Aysha Begum) 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.
Digitally signed by AJIT KUMAR Date: 2021.11.11 14:25:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 28.10.2021 IrfanUddin