Aayush Tandon vs Additional Principal Judge-4, ...
2023 Latest Caselaw 13986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2271 of 2023
 

 
Petitioner :- Aayush Tandon
 
Respondent :- Additional Principal Judge-4, Family Court Lko. And Another
 
Counsel for Petitioner :- Manish Pandey,Naveen Awasthi,Siddhant Kumar
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner. In view of order being passed, notices to opposite parties stand dispensed with.

Petition has been filed under Article 227 of the Constitution of India seeking a direction to court concerned for expeditious disposal of Original Suit No.2790 (Aayush Tandon v. Smt. Diksha Kapoor) instituted by petitioner under Section 12 of the Hindu Marriage Act.

Learned counsel for petitioner submits that in suit proceedings, opposite party no.2 had earlier put in appearance but due to her continued non-presence, her opportunity for evidence was closed on 15.02.2023 which remains unchallenged and thereafter judgment in the case was reserved but could not be pronounced. It is submitted that in the meantime opposite party no.2 merely to prolong proceedings submitted that she would be seeking transfer of the case and sought time for the same but till date to best knowledge of the petitioner, no such transfer application has been filed and as such expedite orders are required to be passed.

Considering the submissions advanced by learned counsel for petitioner and upon perusal of material on record, Opposite Party no.1, i.e. Additional Principal Judge-4, Family Court, Lucknow is directed to decide Original Suit No.2790 (Aayush Tandon v. Smt. Diksha Kapoor) expeditiously, preferably within a period of two months from the date a certified copy of this order is brought on record of the proceedings in case there is no other legal impediment.

Benefit of this order shall be available to petitioner only in case he cooperates in early disposal of the proceedings.

With aforesaid observations, the writ petition stands disposed of.

Order Date :- 2.5.2023

kvg/-