Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5117 of 2018 Petitioner :- Vishal Jaiswal Respondent :- Shabanam Jaiswal And Another Counsel for Petitioner :- Ashutosh Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
Petitioner is before this Court with a prayer to direct the Principal Judge, Family Court, Jaunpur to decide the Case No. 662 of 2017 (Vishal Vs. Shabnam) under Section 13(1) of Hindu Marriage Act, 1955 within stipulated period.
Learned counsel for the petitioner states that the matter is pending since 28.8.2017 and more than 11 months have been elapsed and as per provisions contained in Section 21-B(2) of the Hindu Marriage Act, it is incumbent upon the trial court to conclude the trial expeditiously and decide the case within six months from the date of service of notice to the respondent/defendant.
In this backdrop, the Court has proceeded to examine the record as well as Annexure No. 2 to the writ petition wherein an application under Section 24 of the Hindu Marriage Act filed by the defendant-respondent, namely, Shabnam Jaiswal is already pending. This Court is of the considered opinion that in case the application under Section 24 of the Hindu Marriage Act is still pending, the same should be decided first and thereafter the court concerned would proceed to decide the matter under Section 13(1) of Hindu Marriage Act.
With aforesaid observation, this petition stands disposed of with the direction upon the Court concerned to decide the application under Section 24 of the Hindu Marriage Act pending in aforesaid Case, in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost. Thereafter, the Court concerned will proceed to expedite the proceeding of aforesaid Case No. 662 of 2017 and conclude the same, in accordance with law, as expeditiously as possible and preferably within further six months, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 30.7.2018 A.K.Srivastava