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2025 DAILYLAW 48484 (ALL)

DHARMENDRA KUMAR v. SADHNA GUPTA AND 2 OTHERS

A227/4129/2025 · 2025-05-01

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69902 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4129 of 2025 Petitioner :- Dharmendra Kumar Respondent :- Sadhna Gupta And 2 Others Counsel for Petitioner :- Satya Prakash Singh Hon'ble Rohit Ranjan Agarwal,J. 1. Earlier, petitioner had approached this Court in Matters under Article 227 No. 2932 of 2024 which was disposed of on 04.04.2024 and following order was passed:- "1. Heard learned counsel for the petitioner and perused the record. 2. By means of present petition filed under Article 227 of the Constitution, the petitioner wants expeditious disposal of marriage petition being Case No.- 84 of 2020, pending before the Principal Judge, Family Court, Basti. 3. It is submitted by learned counsel for the petitioner that opposite party has appeared in the suit and has filed written statement. 4. There is a statutory provision under Section 21-B of the Hindu Marriage Act, 1955 to dispose of such matrimonial case on priority basis within a period of six months. Since it is a case of matrimonial dispute, this petition stands disposed of with a direction to the Principal Judge, Family Court, Gautam Budh Nagar to decide and conclude the proceedings of the aforesaid case in the light of provisions as contained under Section 21-B of Hindu Marriage Act, 1955 of-course having due regard to the provisions contained under Section 23(2) of Hindu Marriage Act, 1955 and Section 9 of the Family Courts Act, 1984." 2. This is the second writ petition with the same prayer for deciding Case No. 84 of 2020. 3. Learned counsel for the petitioner submits that divorce petition was filed by petitioner in the year 2020, which till date has not been decided. Despite the earlier direction of writ Court issued in the year 2024 for deciding the divorce petition within bound period, the said petition has not been decided till date. 4. Thought the second writ petition is not maintainable for the same cause of action yet looking to the facts of the case, this Court finds that earlier direction has been issued by co-ordinate Bench in the year 2024 but the trial court has not proceeded to decide the same and honour the order passed by this Court. 5. The trial court is further granted three months time to comply the order passed by co-ordinate Bench and file compliance report before Registrar (Compliance) once the order is passed. 6. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 2.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad