Sandesh Singh v. Richa Singh

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12581 of 2023 Petitioner :- Sandesh Singh Respondent :- Richa Singh Counsel for Petitioner :- Sanjay Kumar Rajbhar Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Sanjay Kumar Rajbhar, learned counsel for the petitioner.

¶2Considering the nature of the order that is proposed to be passed, the service of notice upon respondent is being dispensed with.

¶3The 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 Case No. 1415 of 2022 (Sandesh Singh vs. Richa Singh), under Section 13(1)(i-a) of Hindu Marriage Act, 1955, expeditiously, within a time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the marriage of the petitioner and respondent was solemnized on 21.11.2016 according to Hindu custom and tradition but respondent (wife) was not ready to live in joint family and, therefore, she left the matrimonial home and returned back to her parental home. The petitioner has tried his best to settle the dispute but respondent was not ready to live in joint family and thereafter the petitioner has filed the aforesaid divorce petition in which the respondent has appeared but no written statement has been filed and the case was lastly listed on 21.11.2023.

¶5Learned counsel submits that the purpose of filing the present petition would stand served, if appropriate directions are issued to the Principal Judge, Family Court, Jaunpur, seized with the proceedings of Case No. No. 1415 of 2022 (Sandesh Singh vs. Richa Singh), under Section 13(1)(i-a) of Hindu Marriage Act, 1955, to decide the same within a time frame fixed by this Court. In order to buttress his argument, learned counsel for the petitioner has invited the attention of this Court to various orders passed by the Court concerned.

¶6I have heard the learned counsel for the petitioner and perused the record.

¶7Considering 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.

¶8Accordingly, the petition is disposed of by requiring the Principal Judge, Family Court, Jaunpur, seized with the Case No. 1415 of 2022 (Sandesh Singh vs. Richa Singh), under Section 13(1)(i-a) of Hindu Marriage Act, 1955, to conclude and decide the same within a period of three 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 :- 8.12.2023 Pkb/ High Court of Judicature at Allahabad