Vikas Kumar Singh v. Richa Singh

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9888 of 2023 Petitioner :- Vikas Kumar Singh Respondent :- Richa Singh Counsel for Petitioner :- Satya Prakash,Raj Kumar Yadav Counsel for Respondent :- Rashid Ali,Abhishek Gupta Hon'ble Jayant Banerji,J.

¶1Heard Mr. Vikas Kumar Singh, the petitioner who is appearing in person, and Mr. Pradeep Kumar (Advocate Roll-A/P 0232/12), Advocate holding brief of Shri Rashid Ali, learned counsel for the respondent.

¶2This petition has been filed seeking the following relief: "(i) Direct the learned Principal Judge, Family Court, Sonbhadra to decide the Matrimonial Case No.179/2022 (Richa Singh and Vikas Kumar Singh), under Section 13-B Hindu Marriage Act, pending before him expeditiously within stipulated period fixed by this Hon'ble Court in accordance with law;"

¶3When the matter was listed on 25.9.2023, it was stated on behalf of the petitioner that in terms of the settlement arrived at between the parties, the petitioner had paid certain amount to the respondent and after receiving the said amount, the opposite party had turned hostile and she is no longer willing to divorce the petitioner on mutual consent. Accordingly, the Court directed issuance of notice to the respondent.

¶4The office reported that notice was issued fixing 17.10.2023 and vakalatnama has been filed by Mr. Rashid Ali, Advocate appearing for the respondent. In view of the office report dated

16.10.2023, notice on the respondent is sufficient.

¶5Learned counsel for the respondent states that the respondent is appearing before the trial court and the respondent wishes to obtain divorce from the petitioner as soon as possible.

¶6The petitioner as well as the counsel for the respondent state that the next date fixed in the matter before the Family Court concerned is 17.11.2023. The petitioner as well as counsel for the respondent undertake that the parties will appear before the court on 17.11.2023, which is the next date fixed.

¶7Under the facts and circumstances and provided there is no legal impediment, the concerned Family Court is requested to proceed with the matter in accordance with law without granting any unnecessary adjournment to either of the parties. The parties shall appear before the Family Court on every date fixed unless there are unforeseen or pressing circumstances.

¶8This petition is, accordingly, disposed of. Order Date :- 28.10.2023 K.K.Tiwari (Jayant Banerji, J.) High Court of Judicature at Allahabad