Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9853 of 2019 Petitioner :- Sunita Respondent :- Sumit @ Rocky And Another Counsel for Petitioner :- Ashish Kumar Srivastava
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner praying for a direction to be issued to the Principal Judge, Family Court, Ghaziabad, to decide the Matrimonial Case No.1051 of 2018 (Sumit Vs. Sunita), under Section 13B of the Hindu Marriage Act, expeditiously.
(3) It has been submitted by the learned counsel for the petitioner that the marriage of the petitioner was solemnized with the opposite party no.1 on 01.02.2017. Due to cruelty at the hand of the family members of her husband, the petitioner left the matrimonial home and filed a Petition under the Domestic Violence Act where the matter was referred to the Mediation Center and was registered as Miscellaneous Case No.752 of 2017. The matter was settled on permanent alimony of Rs.6,50,000/- being agreed to be given by the husband of the petitioner. Out of the agreed amount Rs.3.25 lacs have been paid to the petitioner on 21.05.2018 and the rest of the amount agreed to be paid on the filing of the Application under Section 13B of the Hindu Marriage Act. Thereafter, the parties have filed a petition for mutual divorce on 22.05.2018 before the respondent no.2, under Section 13B of the Hindu Marriage Act. Although both the parties have appeared before the Court several times and it has been submitted by the petitioner that an amount of Rs.3.25 lacs have also been given to her by her husband. Yet only dates are fixed by the learned Trial Court and more than one and half years have passed since the filing of the mutual divorce petition.
(4) It has been argued by the learned counsel for the petitioner that the learned Trial Court is unnecessarily insisting upon a production of a copy of the F.I.R. filed under Section 498-A IPC by the petitioner against her husband and the Charge-sheet, if any, filed thereafter in Court.
(5) The insistence of the learned Trial Court on a perusal of the Charge-sheet, if any, seems to be without jurisdiction. The parties are adults and they have entered into a compromise before the Mediation Center. A report of the Mediation Center is on record. Learned Trial Court is directed to dispose of the Mutual Divorce Petition expeditiously say within a period of three months from the date a certified copy of the order is produced before him.
(6) Writ petition stands disposed of.
Order Date :- 18.12.2019 PAL