Ramadhar v. State of U.P. and Another

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9652 of 2023 Petitioner :- Ramadhar Respondent :- State of U.P. and Another Counsel for Petitioner :- Surya Prakash Pandey,Ajay Tripathi,Dileep Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2By means of this petition, the petitioner seeks a direction to the Principal Judge, Family Court, Kanpur Nagar, to decide the Matrimonial Case No.250 of 2019 pending in his court.

¶3It appears that the petitioner filed the aforesaid matrimonial case under Section 13 of the Hindu Marriage Act seeking a decree of divorce against Smt. Raj Rani, respondent no.2. Erroneously, the State of Uttar Pradesh has been impleaded as respondent no.1.

¶4It is contended by the learned counsel for the petitioner that the matrimonial petition that was filed by the petitioner in the year 2019 is pending since then. It is contended that given the mandate of Section 21-B of the Hindu Marriage Act, a direction be issued to the Principal Judge, Family Court to expedite the petition.

¶5Section 21-B of the Hindu Marriage Act, 1955 specifically provides that all proceedings under the Act should be held on a day to day basis and effort should be made to conclude the proceedings as far as possible within six months from the date of service of the petition on the respondent.

¶6In view of the aforesaid provisions of the Act, I am of the opinion that no further direction is required.

¶7The petition is, accordingly, disposed of. Order Date :- 5.12.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad