Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128787 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8239 of 2025 Petitioner :- Imran Ahmad Respondent :- Smt. Shahiba Khatoon Counsel for Petitioner :- Saurabh Pandey,Shivakant Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed seeking following relief :-
"Issue a order or direction, directing the Court Below / Additional Principal Judge Family court Court No- II Gorakhpur, to complete the proceeding of the Divorce Case No-600 of 2020 (Imran Ahmad Vs Shahiba Khatoon) of Muslim Marriage Act pending before Additional Principal Judge Family court П Gorakhpur, be finally decided with stipulated or time bound period. without granting any unnecessary adjournment."
3. Contention of learned counsel for the petitioner is that the petitioner has filed an application for divorce under the provisions of Dissolution of Muslim Marriage Act, 1939 in the year 2020 and the aforesaid application is pending in the court of Additional Principal Judge Family court Court No- II Gorakhpur. Despite several dates have been fixed, the matter has not been decided by the court below and therefore a direction be issued to the Additional Principal Judge Family court Court No- II Gorakhpur to expedite the hearing of the petition filed by the petitioner and decide the same in a time frame as may be fixed by this Court. It has been further contended by learned counsel for the petitioner that notices were issued to respondent and the trial court has recorded sufficient service upon respondent on 09.07.2024 and proceeded ex-parte against the respondent. 4. Considering the facts and circumstances of the case that the dispute is of matrimonial in nature, as the petition is for the divorce and the trial court proceeding ex-parte, no useful purpose would be served in keeping this petition pending. 5. This petition is disposed of with direction to the Additional Principal Judge Family court Court No- II Gorakhpur to decide the
aforesaid Divorce Case No. 600 of 2020, expeditiously, preferably within a period of one year from the date of production of certified copy of this order after providing reasonable time to the parties concerned to lead evidence in support of their case and also providing an opportunity of hearing to the parties concerned, provided there is no other legal impediment. 6.
6. It is made clear that this Court has not examined the merits of the case. Order Date :- 1.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad