Hemant Kumar Dwivedi vs Smt. Gayatri @ Deepa
2023 Latest Caselaw 9192 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3284 of 2023
 

 
Petitioner :- Hemant Kumar Dwivedi
 
Respondent :- Smt. Gayatri @ Deepa
 
Counsel for Petitioner :- Anil Kumar Chaudhary
 

 
Hon'ble Prakash Padia,J.

The petitioner, inter alia, with the following prayer,

"direct the Principal Judge, Family Court, Allahabad to decide the Case No. 389 of 2015 pending before Principal Judge, Family Court, Allahabad in between Hemant Kumar Dwivedi Vs. Smt. Gyatri @ Deepa u/s 13 of Hindu Marriage Act."

has argued that earlier the petitioner approached this Court by filing the petition under Article 227 of the Constitution of India bearing No. 8745 of 2016, which was disposed of by the coordinate Bench of this Court vide judgment and order dated 26.10.2016. The order reads as follows:-

"The petitioner has filed this writ petition for a direction upon Principal Judge, Family Court, Allahabad to decide Case No. 389 of 2015 (Hemant Kumar Dwivedi Vs. Smt. Gyatri Devi) under Section 13 of Hindu Marriage Act, pending before him within a stipulated period of time.

Section 21-B (2) of the Hindu Marriage Act, 1955 provides that every petition under the Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition upon the respondent. Therefore, the statute itself mandates for deciding petitions under the Act with a time bound period as indicated above.

Further, Rule 57 of the U.P. Family Courts (Court) Rules, 2006 stipulates that the proceedings before the Court shall be heard and disposed of as expeditiously as possible, preferably within three months.

In the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB) this Court has observed that the delay in disposal of cases is unfortunate but it is a systematic delay. Therefore, ordinarily the parties should be relegated to approach the court in seisin of the lis to take appropriate decision in the matter depending upon its roster and the pendency of the other old and important cases before it.

In view of the above position of law, direction for time bound disposal of the petition is not necessary as the court below is bound by the mandate of law aforesaid depending upon its workload and pendency of other old cases.

The petitioner therefore can impress upon the court concerned to follow the above mandate and to decide the petition expeditiously. Accordingly, the petition for any direction is unwarranted and is disposed of with expectation that the court concern shall do all that is necessary for the speedy disposal of the above case.

Petition disposed of. "

It is argued that in spite of the same, till date no final decision has been taken in the matter. Hence, the present petition.

Considering the facts and circumstances of the case, and observation made by this Court in the order dated 26.10.2016, quoted above, and without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to the Principal Judge, Family Court, Allahabad to make endevour to decide the Case No. 389 of 2015, strictly in accordance with law expeditiously and positively within a period of six months by fixing short dates from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned, if there is no legal impediment.

Order Date :- 28.3.2023

S.K.S.