Col. Rajesh Kumar Singh vs Hon,Ble 1St Additional Principal ...
2023 Latest Caselaw 8111 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1273 of 2023
 
Petitioner :- Col. Rajesh Kumar Singh
 
Respondent :- Hon,Ble 1st Additional Principal Judge, Family Court, Lko. And Another
 
Counsel for Petitioner :- Deepanshu Dass,Yogesh Gurnanee
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner.

In view of order being proposed to be passed, notices to opposite party no.2 stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of proceedings of Regular Suit No.1274 of 2017 filed by petitioner under Section 11 of the Hindu Marriage Act for annulment of marriage.

Learned counsel for petitioner submits that defendant in the aforesaid proceedings is making endavour to delay the aforesaid proceedings and written statement was also filed only after opportunity to filing the same was closed. It is submitted that application under Order 7 Rule 11 of the Code was also filed, which was rejected by means of order dated 11.02.2020 and first appeal no.30 of 2020 their against has also been dismissed vide judgment and order dated 28.07.2020. It is submitted that proceedings at present are at the stage of defendant evidence but only general dates are being allocated in the matter and therefore expedite orders are required.

Considering submissions advanced by learned counsel for petitioner, opposite party no.1 i.e. 1st Additional Principal Judge, Family Court, Lucknow is directed to consider and decide proceedings of Regular Suit No.1247 of 2017; Lt. Col. Rajesh Kumar Singh versus Mrs. Nalini Singh expeditiously, preferably within a period of six months from the date a certified copy of this order is brought on record of proceedings, in case there is no other legal impediment.

Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/trial.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 20.3.2023

Subodh/-