Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4512 of 2021 Petitioner :- Khursheed Ahmad Alias Sayyid Mohammad Ashan Respondent :- Smt.Saleba Khatoon And 5 Others Counsel for Petitioner :- Vidya Dhar Yadav
Hon'ble Ajit Kumar,J.
Learned counsel for the petitioners is permitted to correct the name of opposite party.
Heard learned counsel for the petitioners and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioners have prayed for following relief:
"Issue a order or direction, directing to the Additional District Judge-Ist, Jaunpur to decide the miscellaneous appeal no.99 of 2017 (Smt. Saleha Khatoon Versus Sayyid Samin Ahsan and others) pending in the court of Additional District Judge-Ist, Jaunpur expeditiously if possible within a stipulated period fixed by this Hon'ble Court."
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. 1474 of 2017 (Vishal Singh v. Smt. Sapna Singh) 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 :- 20.9.2021/piyush