Sudhanshu Rajkumar vs The Addl. Principal Judge-I, ...
2023 Latest Caselaw 15387 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33783
 
Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2502 of 2023
 

 
Petitioner :- Sudhanshu Rajkumar
 
Respondent :- The Addl. Principal Judge-I, Family Court, Lko. And Another
 
Counsel for Petitioner :- Lalta Prasad Misra,Rishabh Raj
 

 
Hon'ble Manish Mathur,J.

Heard Dr. L.P. Misra learned counsel as well as Mr. Risabh Raj learned counsel for petitioner. In view of order being passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of application filed by petitioner in Misc. Case No.202 of 2023 under section 26 of Hindu Marriage Act. Further prayer for deciding the divorce petition bearing regular suit No. 2497 of 2023 under Section 13 of Hindu Marriage Act has also been sought.

Learned counsel for petitioner submits that marriage between the petitioner and the answering opposite party No.2 was solemnized on 21st January, 2014 whereafter a daughter was born on 30th October, 2015 but due to differences arising between the two, the aforesaid divorce petition was filed. It is submitted that prior to filing of divorce petition, the Child Welfare Committee, Sultanpur had passed an order dated 17th August, 2021 granting custody of minor to the paternal grand father. The said order was challenged by opposite party No.2 in appeal which was dismissed on 6th December, 2021 whereagainst criminal revision No. 1 of 2022 was filed and was dismissed vide judgment and order dated 27th May, 2022.

It is submitted that aforesaid order dated 17th August, 2021 was also challenged in writ C No. 4897 of 2022 by the opposite party No.2 along with order passed in appeal dated 6th December 2021. The said petition was allowed by means of judgment and order dated 29th March, 2023 granting liberty to petitioner and the respondent No.4 therein to approach the competent court to seek custody of their minor daughter in accordance with law. The said order was thereafter challenged in special leave to appeal (C) No.7500 of 2023 which was disposed of by means of order dated 13th April, 2023 without interfering with order passed by this Court in view of liberty granted with regard to aspect of interim visitation.

It is submitted that in pursuance of aforesaid directions, the petitioner has already filed an application seeking interim custody under Section 26 of the Act of 1955 on Ist May, 2023 which is still pending consideration without any objections having been filed till date.

It is submitted that next date fixed is 24th May, 2023 and expedite directions are therefore required to be passed.

In view of submission advanced by learned counsel for petitioner, opposite party No.1 i.e. Additional Principal Judge-I, Family Court, Lucknow is directed to fix a time frame for the defendant to file objections to the application preferred by petitioner under Section 26 of Hindu Marriage Act 1955 and to decide the said application within a period of six weeks from the date the defendant is required to file objections.

Endeavour shall also be made to decide the divorce petition bearing No. 2497 of 2023 expeditiously without granting undue adjournments to either parties.

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

With the aforesaid directions, the petition stands disposed of.

Order Date :- 16.5.2023

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