Smt. Ranu Sinha v. Addl. Principal Judge-Court. No. 2, Family Court, Lko. and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5262 of 2023 Petitioner :- Smt. Ranu Sinha Respondent :- Addl. Principal Judge-Court. No. 2, Family Court, Lko. And Another Counsel for Petitioner :- Sarveshwar Mehrotra,Kartikeya Singh,Nitin Mohan Saxena Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of this petition, the petitioner has sought the following main relief:- "(a) issue a writ, order or direction in the nature of mandamus directing the opposite party No.1 to decide the Regular suit no.1233/2016 titled as Brijesh Kumar Srivastava Vs. Smt. Ranu Sinha under Section 13 of the Hindu Marriage Act, 1955 now pending before the Court of Additional Principal Judge, Court No. 2, Family Court, Lucknow expeditiously and in a time bound manner." Considering the age of litigation as also taking note of the provisions of Section 21(B) of Hindu Marriage Act, 1955 (in short "Act of 1955"), which says that every petition under the Act of 1955 should be decided preferably within a period of six months and the observations made by this Court in the judgment dated 27.02.2020 passed in MATTERS UNDER ARTICLE 227 No. 1611 of 2020 (Neeti vs. Sanjay Kumar Shukla), the present petition is disposed with a direction to the Court concerned/respondent No.1 to consider and decide the Regular Suit No. 1233/2016 (Brijesh Kumar Srivastava Vs. Smt. Ranu Sinha) filed under Section 13 of the Act of 1955 most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party preferably within a period of six months from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Court concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 16.10.2023/Arun/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench