Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3897 of 2021 Petitioner :- Vishal Goyal Respondent :- Smt. Anjali Goyal Counsel for Petitioner :- Ajendra Kumar Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i). Issue a order or direction in nature of mandamus directing the learned court below to decide suit no.244 of 2019 (Vishal Goyal vs. Smt. Anjali Goyal) under Section 13 of Hindu Marriage Act pending before learned Principal Judge, Family Court, Etah within stipulated time fixed by this Hon'ble Court."
It is argued by the learned counsel for the petitioner that respondent has put in appearance in the case.
Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid Divorce Petition No. 244 of 2019 (Vishal Goyal vs. Smt. Anjali Goyal) strictly in accordance with law and after recording satisfaction regarding service of summons and after 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 (SARS COV- 2/COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 13.8.2021/Deepika