Smt. Pinki Tiwari vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 3822 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 483 No. - 178 of 2022
 

 
Applicant :- Smt. Pinki Tiwari
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Manoj Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The petition has been filed under Section 483 CrPC for a direction to expedite Case No.958 of 2017 under section 13 Hindu Marriage Act, pending in the court of Addl. Principal Judge, Family Court No.2, Lucknow.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Notice to respondent No.2 is dispensed with.

The petitioner's counsel submits that the proceedings are pending before the Family court since 2017, however, till date trial has not been concluded because of non-cooperation of respondent No.2.

No extraordinary circumstance has been pleaded or argued by learned counsel for the petitioner as required vide order dated 11.3.2022 passed by Supreme Court in Special Leave Petition (Crl) Diary No.30839 of 2021 M. Gopalakrishnan and others versus Pasumpon Muthuramalingam and another. Complete order sheet of the trial court has also not been filed. Only two orders passed on 8.11.2021 and 18.12.2021 have been filed which do not reveal any such special circumstance so as to expedite the proceedings. Hence, in view of the judgment in M. Gopalakrishnan's case (supra), there appears to be no justification for directing expeditious disposal of proceedings pending before the Family Court.

The petition is accordingly dismissed.

Order Date :- 23.5.2022

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