Tahir Hussain v. Smt Taranum Bano

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7493 of 2023 Petitioner :- Tahir Hussain Respondent :- Smt Taranum Bano Counsel for Petitioner :- Bed Kant Mishra Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following reliefs:- "(i). To issue an order or directing the Respondent decide the Suit No.589 of 2022 (Tahir Hussain Versus Smt. Taranum Bano) under Section 34 Specific Relief Act, 1963, for Decrees expeditiously within stipulated period prescribed by this Hon'ble Court.

(ii) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(iii) To order for cost to the petitioner."

¶3It is stated by the learned counsel for the petitioner that Suit No.589 of 2022 was filed by the petitioner under Section 34 of the Specific Relief Act and Section 7(d) of the Family Courts Act, seeking a decree that the plaintiff, on the basis of the facts stated in the suit, is entitled to get a declaration for talaq. It is contended that the suit was filed on 27.01.2022 but is not being decided. It is stated that the defendant has appeared and a written statement has also been filed, yet the issues have not been framed.

¶4Given the facts and circumstances of the case, this Court is not inclined to interfere in the matter.

¶5However, it is left open for the petitioner to move an appropriate application before the Family Court concerned for expeditious disposal of the suit, which the court may consider.

¶6The petition is, accordingly, disposed of. Order Date :- 13.10.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad