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Neutral Citation No. - 2025:AHC:31850 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1905 of 2025 Petitioner :- Vikram Sharma Respondent :- Smt. Priti Sharma Counsel for Petitioner :- Rajkapoor Upadhyay Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"i. Direct the learned Principal Judge, Family Court, Bareilly to consider and decide the Case/ Marriage Petition No. 945 of 2023 (Vikram Sharma.. Vrs. Smt. Priti Sharma), under section 13-B of Hindu Marriage Act, considering the law laid down by the Hon'ble Supreme Court in recent judgment of Shilpa Shailesh Vrs. Varun Shriniwasan dated 01.05.2023 as well as Amardeep Singh... Versus... Harveen Kaur, CA No. 11158 of 2017, within stipulated time as fixed by this Hon'ble Court (Annexure No.1 to the petition)."
2. It is contended that petitioner and respondent were married according to Hindu rites and custom on 29.01.2014. Due to matrimonial discord having arisen between the parties both of them started living separately since 05.01.2015. A petition under Section 13-B of Hindu Marriage Act, 1955 for mutual divorce was filed on 29.05.2024 before the Principal Judge, Family Court, Bareilly which is pending consideration.
3. Present writ petition has been filed seeking a direction for expeditious disposal of Matrimonial Case No. 945 of 2024.
4. As Section 13-B (2) mandates that after the presentation of first motion on expiry of six months if the Court concerned finds it that the parties cannot live together, pass a decree of divorce declaring the marriage to be dissolved. In the instant case petition under Section 13-B of Hindu Marriage Act was moved on 29.05.2024 and more than nine months have already elapsed, Principal Judge, Family Court, Bareilly is expected to proceed with the matter and decide the same, in accordance with law, as early as possible preferably within a period of two months from the date of receipt of certified copy of this order.
5. Writ petition stands disposed of. Order Date :- 5.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad