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2025 DAILYLAW 65661 (ALL)

MOHIT CHAUHAN v. SMT. MOHINI@ JYOTI

A227/5742/2025 · 2025-05-29

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93321 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5742 of 2025 Petitioner :- Mohit Chauhan Respondent :- Smt. Mohini@ Jyoti Counsel for Petitioner :- Chitranshu Srivastav Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "(1) issue a writ, order or direction thereby directing pleased to the Additional Principal Judge, family court No.1, Meerut to decide the Misc. Case No. 65 of 2024, filed on 02.05.2024 under Order 9 Rule 4 of C.P.C. read with Section 151 C.P.C, filed in Original suit No. 994 of 2018 (Mohit Chauhan Vs. Smt. Mohini @ Jyoti), U/s 13(1) (A) Hindu Marriage Act, District -Meerut, expeditiously, within stipulated time period or if possible within some stipulated time period as may be fixed by this Hon'ble Court." 2. It is contended by learned counsel for the petitioner that suit filed by petitioner under Section 13(1)(A) of Hindu Marriage Act was decided ex-parte and an application under Order IX Rule 4 CPC was filed which is pending consideration. The sole prayer made is for expediting the said proceedings. 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 respondents, with a direction upon court concerned to decide the Misc. Case No. 65 of 2024 under Order IX Rule 4 CPC, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 30.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad