Smt. Seeta Devi @ Sita Saroj v. Vinod Kumar Saroj

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12386 of 2023 Petitioner :- Smt. Seeta Devi @ Sita Saroj Respondent :- Vinod Kumar Saroj Counsel for Petitioner :- Dinesh Kumar Patel Hon'ble Ashutosh Srivastava,J. Heard Shri Dinesh Kumar Patel, 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, Jaunpur, to decide the application of the petitioner under Section 24 of the Hindu Marriage Act, 1955, filed in Case No. 827 of 2022 (Vinod Kumar Vs. Smt. Seeta Devi @ Sita Saroj) 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 15.4.2021 as per Hindu rites and rituals. It is submitted that the husband/respondent has demanded additional dowry from the petitioner as well as her parents and for the same, he has been subjecting the petitioner to cruelty and is maltreating her. Learned Counsel submits that purpose of filing the present petition would stand served, if appropriate directions are issued to the Principal Judge, Family Court, Jaunpur, seized with the application under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance filed in Case No. 827 of 2022 (Vinod Kumar Vs. Smt. Seeta Devi @ Sita Saroj) 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 21-B (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, Jaunpur, to pass appropriate orders on the application of the petitioner under Section 24 of the Hindu Marriage Act, 1955, for interim maintenance filed in Case No. 827 of 2022 (Vinod Kumar Vs. Smt. Seeta Devi @ Sita Saroj) under Section 9 of the Hindu Marriage Act within a period of four 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 :- 5.12.2023 Irshad High Court of Judicature at Allahabad