Anirban Gupta Aged About 38 Years Son Of ... vs Smt. Nabonita Gupta
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Jharkhand High Court

Anirban Gupta Aged About 38 Years Son Of ... vs Smt. Nabonita Gupta on 28 January, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                   IN THE HIGH COURT OF JHARKHAND, RANCHI
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C.M.P. No. 411 of 2024

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Anirban Gupta aged about 38 years son of Shri Amritava Gupta, residing at 3rd floor 137, Dr. Meghnad Saha Road, South Dumdum (M) PO Motijheel, PS Dumdum, District North 24 Parganas, W.B. PIN 700074 ...... .... ... Petitioner(s)

-- Versus --

Smt. Nabonita Gupta, wife of Shri Anirban Gupta, daughter of late Sajal Ranjan Bhadra residing at Flat No.IRIS-3 Abasan Building Hurlung Road, Near Loyala B.Ed College, Telco, PO Telco, PS Works, Birsanager, Jamshedpur, District East Singhbhum, PIN 831004 ...... .... ...Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner(s) :- Mr. Anurag Kashyap, Advocate For the Opp.Party :- Mr. Ajay Kumar Sah, Advocate

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6/28.01.2025 Heard the learned counsel for the petitioner as well as the sole opposite

party.

2. The prayer in this petition has been made under Article 227 of the

Constitution of India praying therein to direct the Principal Judge, Family Court,

East Singhbhum at Jamshedpur to decide the Original Suit No.880 of 2022

instituted by the petitioner under section 13(1)(ia) of Hindu Marriage Act, 1955

which is still pending.

3. Learned counsel for the petitioner submits that the suit is still pending

and in view of that proper direction may kindly be issued to decide the suit at

the earliest.

4. Learned counsel for the sole opposite party submits that section 24

petition is also pending.

5. From the averments made in the petition it is not clear as to how the

learned court is at fault in not disposing of the said original suit at the earliest

and it is for the parties to diligently pursue the said suit for early decision. In

the Constitutional Bench judgment of Hon'ble Supreme Court in the case of

High Court Bar Association, Allahabad v. State of Uttar Pradesh and Others,

reported in (2024) 6 SCC 267 in paragraph no.47.3 has held that the

Constitutional Courts may in the ordinary course should refrain from fixing a

time bound schedule for the disposal of the cases which is pending before any

other Courts. It is for the concerned courts to prioritize the disposal of the case

and only in exceptional cases the High Court can pass the order of early

disposal.

6. In view of the above, no positive order can be passed for early disposal

of the said suit and it is for the parties to take endeavour for early disposal of

the suit.

7. This petition is disposed of with liberty to the petitioner to pursue the

said suit for its early disposal.

8. This petition is accordingly disposed of.

( Sanjay Kumar Dwivedi, J.)

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