Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5450 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. In view of the order proposed to be passed by this Court, notice to the respondent is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of the matrimonial suit preferred under Section 13 of the Hindu Marriage Act bearing R.S no.4439 of 2022. Having considered the aforesaid prayer as well as extract of the order sheet which indicates that despite the defendant had not put in appearance, as a consequence, the matter had proceeded exparte, earlier an application was moved for recall of the exparte order which was allowed and even after the defendant is lingering the proceedings. The record indicates that the present petitioner had also moved an application under Order 8 Rule 10. Upon which no consideration was made by the court. The petitioner had also furnished his exparte evidence but despite several dates fixed and informing the Court about the conduct of the defendant yet repeated dates are fixed without putting defendant to notice, as a consequence, the matter is being lingered. Considering the facts and circumstances of the case, this Court is of the opinion that no gainful purpose would be served in keeping the petition pending, however, ends of justice can be met by directing the court concerned to expedite the case. Versus Counsel for Petitioner(s) : Vivek Kumar Rai, Ajai Kumar, Ayush Tandon, Sachin Yadav, Vinayak Pathak Counsel for Respondent(s) :
Avinash Chandra .....Petitioner(s) Smt. Mukti Verma .....Respondent(s)
An endeavor shall be made by the court concerned to decided the matter without granting any unnecessary adjournment to any of the parties and in case, if any party is found responsible of misusing the liberty, the case as held by the Apex Court in Vinod Seth vs Devinder Bajaj; (2010) 8 SCC 1 shall be taken note of. With the aforesaid, the petition is disposed of. 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. September 11, 2025 Harshita A227 No. 5450 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench