Allahabad High Court
Sohanlal Gautam @ Virendra [U/A ... vs Principal Judge Family Court, ... on 7 September, 2012
Bench: Saeed-Uz-Zaman Siddiqi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?A.F.R.
Court No. - 8
Case :- MISC. SINGLE No. - 4917 of 2012
Petitioner :- Sohanlal Gautam @ Virendra [U/A 227]
Respondent :- Principal Judge Family Court, Lucknow & Another
Petitioner Counsel :- Nitin Kumar Srivastava
Respondent Counsel :- Manish Kumar
Hon'ble Saeed-Uz-Zaman Siddiqi,J.
Heard learned counsel for the petitioner as well as learned counsel for opposite party no.1 and perused the records.
By means of this writ petition, petitioner has sought for a writ in the nature of mandamus directing the learned Principal Judge, Family Court, Lucknow to dispose of the Regular Suit No.554 of 2011 (Sohanlal Gautam v. Smt. Geeta).
Learned counsel for opposite party no.1 informed the court that learned Principal Judge, Family Court, Lucknow has already in receipt of more than 350 such orders by this Court, and there is surmounting pendency, which is unmanageable. This Court is fully aware about the huge pendency of cases before the subordinate courts. It is really not manageable from any angle. The irony is that the huge pendency can only be reduced by creating Courts which is in the domain of the Executive. The alarming situation has reached up to such an extent that where a pendency before the Civil Court should be 150 cases or 250 cases in a particular court whichis dealing with thousands of cases which are to be manned by the Courts whose number should be in three digits. Unfortunately, this situation has given a perception in the mind of the public, at large that Judges and Advocates are doing nothing. The Judges cannot transmit a message through public platform but it is the duty of the members of the legal fraternity to transmit a message, in the public at large that, due to pathetic attitude of the State Government, the judicial system is collapsing brick by brick which will ultimately lead to confusion, disorder and chaos.The members of the bar, well maintaining nobility of their profession have become defensive before the public, the climax of which is that they have become cowardice and dormant towards the sole of judicial system. The other aspect of the matter is that in order to compensate their defensive attitude towards the public, they are becoming offensive towards the Courts, which is also stigmatic for the reputation of the judicial system.
In any way, this is the defect of the system, in which the Judges are expected to be more activist than earlier and, they are called upon to weigh the matters of routine and, matters of emergent nature, which call for immediate attention.
With these observations, writ petition is disposed of finally with the direction to learned Principal Judge, Family Court, Lucknow to expedite the disposal of such cases where parties to a matrimony cannot live together and reached to a point of irretrievable situation i.e. 'irretrievable breakdown' or 'irretrievable differences' in which one of the party is not willing to unilaterally terminate the marriage nor is willing to agree for divorce out of acrimony which is affecting the society adversely, not only for the mature members of the society but for the children who grow up in broken families have numerous handicaps in life compared to those in intact families.
Order Date :- 7.9.2012
Ram.
