Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9845 of 2019 Petitioner :- Suraj Patel Respondent :- Additional Principal Judge And Another Counsel for Petitioner :- Dinesh Pratap Singh Counsel for Respondent :- Ashish Mishra
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 Respondent no.1- Additional Principal Judge, Family Court, Varanasi, to decide the Divorce Petition No.994 of 2018 (Suraj Patel Vs. Smt. Madhukala), filed under Section 13 of the Hindu Marriage Act on 12.07.2018, expeditiously.
(3) This Court has perused the pleadings on record. From a perusal of the same, it appears that the petitioner's marriage was solemnized on 12.05.2013 with the contesting-respondent no.2. The petitioner has a small Tailoring shop in Varanasi. The father of the petitioner was in a private job in Varanasi City. After three months of the marriage the contesting-respondent refused to live with his parents in the joint family and left for her parental abode and also filed an F.IR. implicating the petitioner in Dowry cases. The petitioner filed a Divorce Petition under Section 13 of the Hindu Marriage Act, thereafter. The respondent no.2 has appeared and filed Vakalatnama of her counsel on 03.12.2018 and then filed objections on 26.09.2019 but thereafter, no effective hearing has taken place, although three dates were fixed. The copy of the order-sheet from 12.07.2018 to 11.11.2019 has been filed as Annexure-4 to the petition. From the same it appears, that the matter was transferred in August, 2018 to F.T.C. and thereafter the case has been listed on several occasions the written statement has not been filed till date by the contesting-respondents.
(4) This petition is finally disposed of with a direction to the learned Trial Court to keep in mind the Legislative intent of Section 21-B of the Hindu Marriage Act and to dispose of the Divorce Petition as expeditiously as possible, after written statement is filed by the contesting- respondents.
Order Date :- 18.12.2019 PAL