Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 9803 of 2019 Petitioner :- Sapana Jaiswal Respondent :- Principal Judge Family And Another Counsel for Petitioner :- Amit Kumar Tiwari,Narendra Deo Shukla,Vivek Shukla Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
1. This petition has been filed by the petitioner praying for a direction to be issued to the Principal Judge Family Court, Bhadohi, Gyanpur to decide the divorce petition no.237 of 2017 (Sapna Jaiswal vs. Rahul Jaiswal) filed under Section 13A of the Hindu Marriage Act at the earliest.
2. It has been submitted by the learned counsel for the petitioner that she filed the aforesaid petition on 29.08.2017. The petitioner was married to one Rahul Jaiswal on 30.11.2013 and because of ill-treatment meted out to her, she left the matrimonial home and file the aforesaid Suit on 17.01.2018, the learned trial court decided to proceed ex-parte against the contesting respondent but an application for recall was moved by the contesting respondent which has been allowed on 30.01.2018 and the contesting respondent has been seeking adjournment thereafter on one ground or the other. The petitioner has also moved an application on 13.03.2019 under Section 24 of the Hindu Marriage Act for interim maintenance which is also pending.
3. This petition is disposed of with a direction to the learned trial court to consider the application of the petitioner for interim maintenance at the earliest say within six weeks from the date a certified copy of this order is produced before it. The learned trial court shall also keep in mind the intention of the legislature enacting Section 21B of the Hindu Marriage Act and try to hear and dispose of the petition itself on priority basis.
Order Date :- 17.12.2019 C. MANI