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2025 DAILYLAW 170055 (ALL)

SONU SINGH v. ADDL. PRIN. JUDGE FIRST FAMILY COURT SULTANPUR AND ANOTHER

A227/6212/2024 · 2025-01-02

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29 Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 6212 of 2024 Petitioner :- Sonu Singh Respondent :- Addl. Prin. Judge First Family Court Sultanpur And Another Counsel for Petitioner :- Himanshu Pandey Hon'ble Manoj Bajaj,J. Petitioner-Husband has filed this petition under Article 227 Constitution of India to invoke the superintendence powers of this Court for expediting and concluding the proceedings of Regular Suit No. 946 of 2021, titled Sonu Singh Vs. Priya Singh, under Section 13 Hindu Marriage Act, 1955 filed by the petitioner before the Additional Principal Judge-I, Family Court, Sultanpur, in a specific time period. Learned counsel for petitioner submits that the parties got married on 19.4.2014, who stayed together only for a brief period before they separated after few months, and after a period of approximately six years, the petitioner instituted a petition under Section 13 Hindu Marriage Act, 1955 seeking dissolution of marriage, which is pending adjudication. He submits that it would be in the interest of justice, if, the pending proceedings before the Additional Principal Judge, Family Court, Sultanpur are directed to be expedited and concluded in a particular time frame. During the course of hearing, learned counsel for petitioner has fairly stated that the pleadings of the parties in the case are still incomplete, as no response by the wife has been filed to the divorce petition instituted by the petitioner. That apart, it is also conceded that previously, a similar petition bearing Matters Under Article 227 No. 2716 of 2024 was disposed of vide order dated 31.5.2024 (Annexure No.1). After hearing the learned counsel for the petitioner and considering his submissions, this Court does not find any merit in the petition, particularly when on the earlier occasion this Court had specifically observed that the petitioner has failed to make out an exceptional ground for expediting the trial proceedings, while granting him liberty to make his prayer before the trial court. This Court vide order dated 31.5.2024 had directed that, if, any such prayer is made by way of an application, the same be decided within three weeks. The application moved by the petitioner pursuant to the order dated 31.5.2024 has been dismissed vide order dated 13.8.2024. A perusal of the order dated 13.8.2024 passed by the Additional Principal Judge-I, Family Court, Sultanpur would show that the trial court has given valid reasons by narrating the number of pending cases while refusing to attach preference to the petition filed by the petitioner. During the course of hearing, learned counsel for petitioner is unable to make out any exceptional ground for expediting the trial proceedings. Thus, this Court is not inclined to exercise the extraordinary powers of superintendence, and the petition is hereby dismissed. Order Date :- 2.1.2025 P.S. Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench