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2025 DAILYLAW 173474 (ALL)

ASHISH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A227/7010/2025 · 2025-12-03

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7010 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Shri Ashutosh Srivastava, learned Standing Counsel for the State has raised a preliminary objection that State of UP has wrongly been impleaded as respondent. 2. Confronted with the aforesaid objection, learned counsel for the petitioner concedes that the State of UP has wrongly been impleaded as respondent and he has made oral request for grant of permission to delete the State of UP from the array of respondents. 3. The prayer made is allowed. 4. Learned counsel for the petitioner is permitted to carry out necessary correction in the memo of petition during the course of the day. 5. Heard Shri Alok Pandey, learned counsel for the petitioner. 6. By means of the present petition filed under Article 227 of the Constitution of India, the petitioner has sought the issuance of a direction to the Principal Judge, Family Court, Lucknow to decide the Suit No.1638 of 2022 pending before him, expeditiously. 7. Keeping in view the nature of the relief sought and order proposed to be passed, issuance of notice to the respondents is hereby dispensed with. 8. Learned counsel for the petitioner submits that the aforesaid suit was Versus Counsel for Petitioner(s) : Alok Pandey, Amit Pandey, Ankit Kumar Sonker Counsel for Respondent(s) : C.S.C. Ashish Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) filed by the petitioner under Section 13 of Hindu Marriage Act on 23.05.2022. The respondents filed transfer application (Civil) No.249/2023 and proceedings of the said suit were stayed by means of an interim order dated 06.12.2023 passed by this Court. The transfer application was dismissed for want of prosecution on 20.11.2024. 9. Learned counsel for the petitioner further submits that the application for recall of the order dated 20.11.2024 is pending. Meanwhile, the petitioner has been detected as suffering from cancer. Even after the dismissal of the transfer application, the proceedings of suit have simply been adjourned without reciting any reasons on numerous occasions. 9. Section 21B(3) of Hindu Marriage Act provides that every petition under the Hindu Marriage Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent. 10. In view of the above, the petition stands disposed of by issuing a direction to the Principal Judge, Family Court, Lucknow to decide the Suit No.1638 of 2022 pending before him, expeditiously keeping in view the provisions contained in Section 21B(3) of Hindu Marriage Act, without granting any unnecessary adjournment to either of the parties. December 3, 2025 V. Sinha A227 No. 7010 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench