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2025 DAILYLAW 7033 (ALL)

MOHAMMAD SULTAN HAIDAR v. MRS. SMITA D SILVA

A227/295/2025 · 2025-01-15

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6437 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 295 of 2025 Petitioner :- Mohammad Sultan Haidar Respondent :- Mrs. Smita D Silva Counsel for Petitioner :- Shivam Shukla,Vinod Kumar Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "I. Issue an appropriate order or direction under Article 227 of the Constitution of India, directing the learned Additional Family Court Judge, Gautambudh Nagar, to ensure the expeditious disposal of Case No.907 of 2023 (Mohammad Sultan Haidar vs. Smita D'Silva) within a time frame to be stipulated by this Hon'ble Court;" It is contended by counsel for the petitioner that petitioner and respondent had entered into wedlock on 15.11.2016 under the Special Marriage Act, 1954. A matrimonial dispute has arisen between the parties which led to filing of the present petition. The sole prayer made in the writ petition is for early disposal of Case No.907 of 2023. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondent, the matter is being disposed of, at the admission stage, with a direction upon Additional Family Court Judge to conclude the Case No.907 of 2023, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law, expeditiously, preferably within a period of six months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 15.1.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad