Allahabad High Court
Vinay Kumar Tiwari vs Simran Rai on 24 July, 2023
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:147061 Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7177 of 2023 Petitioner :- Vinay Kumar Tiwari Respondent :- Simran Rai Counsel for Petitioner :- Amit Kumar Agrahari Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner.
This petition has been filed seeking the following reliefs:
"i) Issue an order or direction, commanding/directing the Learned trial Court Principal Judge, Family Court, Ballia, to decide the application under Section 12 Hindu Marriage Act, 1955 expeditiously.
ii) Issue an order or direction directing the learned court below i.e. Principal Judge, Family Court, Ballia to decide the execution Suit No.403 of 2021 (Vinay Kumar Tiwari v/s Simran Rai) within stipulated period as specified by this Hon'ble Court.
iii) Issue any other order or direction in favour of petitioner as this Hon'ble Court may deem fit and proper in the present facts and circumstances of the case."
It appears from the record that a suit bearing Suit No.403 of 2021, that is stated to have been filed in the court of Principal Judge, Family Court, Ballia under Section 12 of the Hindu Marriage Act on the ground that the respondent- wife is impotent.
Under the circumstances, it would not be appropriate to issue any specific direction upon the court concerned. However, considering that the divorce suit is two years old, this Court considers it appropriate to dispose of this petition by requiring the trial court to ensure that the suit proceedings are brought to its logical conclusion, without entertaining unnecessary adjournments from the parties, in case there is is no legal impediment in proceeding further and the respondent is duly served with notice of the proceeding.
With the aforesaid observation, the petition is disposed of.
Order Date :- 24.7.2023 K.K.Tiwari (Jayant Banerji, J.)