Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4480 of 2021 Petitioner :- Smt. Sita Devi Respondent :- Anuj Kumar Counsel for Petitioner :- Indra Jeet Yadav Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(a). To direct to learned Principal Judge, Family Court, Jaunpur, to decide the Case No.- 817 of 2017 (Sita Devi vs. Anuj) under Section 13 of the Hindu Marriage Act within stipulated time which this Hon'ble Court may deem fit and proper under the facts and circumstances of present case."
It is argued by learned counsel for the petitioner that opposite party has already appeared in divorce suit pending before the Principal Judge, Family Court, Jaunpur.
Considering the facts and circumstances of the case and the pleadings raised, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid Case No.- 817 of 2017 (Sita Devi vs. Anuj), strictly in accordance with law and after recording satisfaction regarding service of summons and 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 of SARS COV-2/ Covid 19 resulting in the suspension of public movement and/ or judicial work in the district concerned.
It is provided that order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 24.9.2021/ Atmesh