Case :- MATTERS UNDER ARTICLE 227 No. - 5676 of 2021 Petitioner :- Sachin Kumar Respondent :- Smt. Amrita Arya Counsel for Petitioner :- Gyan Prakash Mishra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition filed under Article 227 of the Constitution, the petitioner has prayed for a direction to the Principal Judge, Family Court, Allahabad (respondent No.-2) to decide the Marriage Suit/ Case No.- 346 of 2021 under Section 13-B of the Hindu Marriage Act, 1955, without presence of the petitioner pending before him, as expeditiously as possible within a short period as fixed by this Hon'ble Court.
It is submitted by learned counsel for the petitioner that petition under Section 13-B of Hindu Marriage Act, 1955 for mutual divorce has been filed under the signature of both the parties. Twice the mediation proceedings between the parties at District Mediation and Conciliation Centre had failed in the past. The petitioner who is a Wing Commander in the Indian Air Force has participated in the mediation proceedings twice but now he has been refused leave by his department and consequently he is not able to appear in pending mutual divorce case filed under Section 13-B of the Hindu Marriage Act, 1955.
Under the circumstances, the petitioner has already moved an application before the Principal Judge, Family Court, Prayagraj and accordingly, he has requested to Principal Judge, Family Court, vide letter dated 9th September, 2021 that his presence may be exempted and the proceedings may be concluded under Section 13-B of Hindu Marriage Act, 1955.
Considering overall facts and circumstances of the case and the noting made in the order sheet of the Principal Judge Family Court to the effect that both the parties have moved application for mutual divorce, this petition is disposed of with a direction to the Principal Judge, Family Court, Prayagraj to give positive consideration to the application of petitioner from exemption of personal appearance and proceed to decide the case, strictly in accordance with law as expeditiously as possible preferably within a period of three months from the date of production of copy of this order.
website of the High Court will be taken to be authentic one.
Order Date :- 25.10.2021 Atmesh Digitally signed by AJIT KUMAR Date: 2021.10.28 10:49:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad