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Neutral Citation No. - 2025:AHC:27600 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1998 of 2025 Petitioner :- Ashutosh Saha Respondent :- Anjana Saha 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. 1242 of 2022 (Ashutosh Saha Vs. Anjana Saha) 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 to the Principal Judge, Family Court, Varanasi to decide Case No. 1242 of 2022, (Ashutosh Saha Vs. Anjana Saha) Under section 13B Hindu Marriage Act, 1955, to decide the case No. 1242 of 2022 as expeditiously as possible, preferably within 2 months."
2. It is contended that the petitioner was married with respondent according to Hindu rites and custom. A matrimonial dispute arose which led to living of the parties separately since 2010. An application for grant of mutual divorce under Section 13B of Hindu Marriage Act was filed before the Court concerned in the year 2022, which is pending consideration. The sole prayer made in the writ petiton 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 make every endeavour to decide the Case No.1242 of 2020 (Ashutosh Saha vs. Anjana Saha) under Section 13B of HIndu Marriage Act, in case the said application is pending consideration, strictly 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