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2025 DAILYLAW 143081 (ALL)

SURENDRA KUMAR v. DR. SHASHI PRABHA

A227/3524/2025 · 2025-06-04

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34464 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3524 of 2025 Petitioner :- Surendra Kumar Respondent :- Dr. Shashi Prabha Counsel for Petitioner :- Paritosh Sharan Agrawal,Sartaj Ali Ansari Hon'ble Manjive Shukla,J. 1. Heard Shri Paritosh Sharan Agrawal, learned counsel appearing for the petitioner. 2. In view of the order proposed, notice to respondent is dispensed with. 3. The instant petition has been filed under Article 227 of the Constitution of India, praying therein for the following reliefs:- "(i) to issue an order or direction commanding the Additional Principal Judge-8, Family Court, Lucknow to consider and decide Regular Suit No. 1439 of 2019 (Surendra Kumar Versus Dr. Shashi Prabha) under Section 13 of Hindu Marriage Act, 1955 within such time as may be fixed by this Hon'ble Court without granting unnecessary adjournments to the respondent. (ii) to issue any other writ, order, or direction which this Hon'ble Court may deem, fit and proper under the circumstances of the case." 4. It has been contended on behalf of the petitioner that the Regular Suit No. 1439 of 2019 (Surendra Kumar Versus Dr. Shashi Prabha) had been filed before the learned Additional Principal Judge-8, Family Court, Lucknow under Section 13 of the Hindu Marriage Act, 1955. It has further been contended that the said suit is pending since the year 2019 and the petitioner is facing unnecessary harassment. 5. Learned counsel appearing for the petitioner has argued that it is fundamental right of every citizen to get speedy justice therefore, it would be in the interest of justice, if this Court may issue a direction to the learned Additional Principal Judge-8, Family Court, Lucknow to decide the Regular Suit No. 1439 of 2019, expeditiously. 6. I have considered the arguments advanced by the learned counsel appearing for petitioner and I find that the prayer made in the writ petition is innocuous in nature. I further find that the Regular Suit No. 1439 of 2019 was filed, way back in the year 2019 and since then, the matter is pending in the court of learned Additional Principal Judge-8, Family Court, Lucknow. 7. In view of the aforesaid reasons, this petition is finally disposed of with a direction to the learned Additional Principal Jduge-8, Family Court, Lucknow to decide the Regular Suit No. 1439 of 2019 'Surendra Kumar Vs. Dr. Shashi Prabha', filed under Section 13 of the Hindu Marriage Act, 1955, expeditiously. Order Date :- 4.6.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench