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2025 DAILYLAW 158512 (ALL)

VIJAY SHANKAR v. ADDL. PRIN. JUDGE-2, FAMILY COURT, LKO. AND ANOTHER

A227/4926/2025 · 2025-08-20

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48756 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 4926 of 2025 Petitioner :- Vijay Shankar Respondent :- Addl. Prin. Judge-2, Family Court, Lko. And Another Counsel for Petitioner :- Rajat Bansal,Anil Kumar Tiwari,Rushida Farheen Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner. 2. Instant petition under Matters Under Article 227 of the Constitution of India has been filed praying for a direction to the learned Additional Principal Judge-2, Family Court, Lucknow to expeditiously decide the Case No. 1854 of 2021 filed under Section 13 of the Hindu Marriage Act, 1995 pending before it. 3. The Constitution Bench judgment of the Apex Court in the case of High Court Bar Association, Allahabad Vs. State of U.P and Ors- 2024 (256) AIC 66 (SC) has held that the constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any Court. It has further been held in the said judgment that the issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending. 4. Considering the aforesaid Constitution Bench judgment of the Apex Court in the case of High Court Bar Association, Allahabad (supra) the instant petition is disposed of permitting the petitioner to move an application before the concerned Court pointing out the grounds of urgency. In the event, the petitioner does so, the concerned Court may consider whether the case should be expedited having regard to the urgency of the case. Order Date :- 20.8.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench