Raja Ram Yadav v. Principal Judge Family Court Ambedkar Nagar and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5715 of 2023 Petitioner :- Raja Ram Yadav Respondent :- Principal Judge Family Court Ambedkar Nagar And Another Counsel for Petitioner :- Sudhir Kumar Pandey,Ravi Prakash Srivastav Hon'ble Saurabh Lavania,J. Heard. Present petition has been filed for the following main relief:- "Issue an order or direction commanding the opposite party no. 1 to dispose of the Case bearing Case No. 604/2021 under section 13 of Hindu Marriage Act, Raja Ram Yadav Vs Pramila Devi, pending before him since 20/12/2021." Taking note of submissions of the learned counsel for the petitioner as also the period of pendency of the Suit No.604/2021 under Section 13 of the Hindu Marriage Act, 1955 (in short "Act of 1955") before the Principal Judge Family Court Ambedkar Nagar as also Section 21-B of the Act of 1955, which says that the suit for divorce shall preferably be decided within a period of six months and the judgment passed in the case of Narain Tickoo vs. Mrs. Mamta Tickoo; reported in 1998

(16) LCD 827; this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, present petition is disposed of with direction to Principal Judge Family Court Ambedkar Nagar to consider and decide the Suit No.604/2021 (Raja Ram Yadav Vs Pramila Devi) most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties 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. The benefit of the order would be available to the petitioner if he would appear on the each date fixed in the case even on account of call of Bar. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. Order Date :- 7.11.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench