Ranjeet Gautam v. Smt.Reena Gautam

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11988 of 2023 Petitioner :- Ranjeet Gautam Respondent :- Smt.Reena Gautam Counsel for Petitioner :- Chandra Kumar Rai Hon'ble Ashutosh Srivastava,J. Heard Shri Chandra Kumar Rai, learned counsel for the petitioner. Considering the nature of the order that is proposed to be passed, the service of notice upon respondent is being dispensed with. The present petition under Article 227 of the Constitution of India has been instituted for a direction to the Principal Judge, Family Court, Azamgarh to decide the Case No. 468 of 2018 (Ranjeet Gautam Vs. Reena Gautam), under Section 9 of the Hindu Marriage Act, within a time frame fixed by this Court. Learned counsel for the petitioner submits that petitioner's marriage was solemnized with the opposite party on 03.06.2013 as per Hindu rites and rituals. After the marriage, the respondent make pressure upon the petitioner to leave his parents and reside separately with her. On 20.05.2018 the respondent left the house of the petitioner and went to her maternal house and thereafter the respondent has not returned to her matrimonial house. Thereafter on 29.05.2018 the petitioner filed a Suit under Section 9 of the Hindu Marriage Act bearing No. Case No. 468 of 2018. Notice was issued to the respondent and objection was filed by her on

02.05.2023. The case is at the stage of framing of issues. He submits that purpose of filing the present petition would stand served, if appropriate directions are issued to the Principal Judge, Family Court, Azamgarh, seized with the proceedings of Case No.468 of 2018 (Ranjeet Gautam Vs. Reena Gautam) under Section 9 of the Hindu Marriage Act to decide the same within a time frame fixed by this Court. I have heard the learned counsel for the petitioner and perused the record. Considering the mandate of Section 21B (2) of Hindu Marriage Act, which contemplates that the proceedings should be brought to its logical end within a period of six months, this Court is of the opinion that in the facts and circumstances, that stand attracted to the case of the petitioner, it is a fit case in which indulgence may be granted by this Court for expediting the proceedings. Accordingly, the petition is disposed of by requiring the Principal Judge, Family Court, Azamgarh to decide the Case No.468 of 2018 (Ranjeet Gautam Vs. Reena Gautam) under Section 9 of the Hindu Marriage Act to conclude and decide the same within a period of six months from the date of service of certified copy of the order of this Court, in accordance with law without granting unnecessary adjournment to either of the parties. Order Date :- 28.11.2023 Deepak/ High Court of Judicature at Allahabad