Arvind Kumar Sharma vs Soniya
2021 Latest Caselaw 1983 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 563 of 2021
 

 
Petitioner :- Arvind Kumar Sharma
 
Respondent :- Soniya
 
Counsel for Petitioner :- Ashish Mishra
 

 
Hon'ble Prakash Padia,J.

Counsel for the petitioner is permitted to make the necessary corrections in the prayer clause of the petition during the course of the day.

Heard counsel for the petitioner.

The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the following prayer:-

"(I) Direct the learned Principal Judge, Family Court, Muzaffar Nagar to decide Expeditiously case no. 1269 of 2016 (Dr. Arvind Kumar Sharma Versus Soniya) under section 13 of the Hindu marriage Act Pending in the court of Principal Judge, Family Court, Muzaffar Nagar, within stipulated time granted by this Hon'ble Court."

It appears from perusal of the records that petitioner has approached before this Court by filing a First Appeal No. 692 of 2017 (Arvind Kumar Sharma vs. Sonia and another). The said First Appeal was finally decided by the Division Bench of this Court vide its order dated 09.10.2017. The operative portion of the aforesaid judgment is quoted below:-

"We accordingly dispose of this appeal requiring the Family Court to proceed with original case no. 1269 of 2016, Arvind Kumar Sharma Vs. Sonia, expeditiously and to decide the same at the earliest without granting any unnecessary adjournment to either of the parties."

Inspite of the fact that an order was passed by the Division Bench of this Court directing the Family Court to proceed and decide the Original Case No. 1269 of 2016 expeditiously and without granting any unnecessary adjournment till date no final decision has been taken on the same.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the Principal Judge, Family Court, Muzaffar Nagar to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of three months from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

Order Date :- 3.2.2021

Swati