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2025 DAILYLAW 23919 (ALL)

PRAVEEN SINGH v. ROHINI SINGH

A227/2008/2025 · 2025-02-26

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27684 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2008 of 2025 Petitioner :- Praveen Singh Respondent :- Rohini Singh Counsel for Petitioner :- Amarnath Tripathi Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "i. Issue a writ, order or direction to allow case No. 2202 of 2023 (Praveen Singh Vs. Rohini Singh Under section 13B Hindu Marriage Act, 1955 and grant a decree for divorce, which has been mutually agreed by the parties. ii. Issue a writ, order or direction in the nature of mandamus commanding the Principal Judge, Family Court, Varanasi to decide case No. 2202 of 2023. (Praveen Singh Vs. Rohini Singh Under section 13B Hindu Marriage Act, 1955, decide the case No. 2202 of 2023 as expeditiously as possible, preferably within two months." 2. It is contended that an application for grant of mutual divorce under Section 13B of Hindu Marriage Act was filed before the Court below, which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said application. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Principal Judge. Family Court, Varanasi to decide Case No.2202 of 2023 (Praveen Singh vs. Rohini Singh) under Section 13B of Hindu Marriage Act, in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order. 4. With the aforesaid direction, present writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 27.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad