Allahabad High Court
Smt. Geetanjali Tripathi vs Sandeep Tripathi on 12 December, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- MATTERS UNDER ARTICLE 227 No. - 9325 of 2019 Petitioner :- Smt. Geetanjali Tripathi Respondent :- Sandeep Tripathi Counsel for Petitioner :- Dhirendra Kumar Srivastava Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner.
By means of this petition under Article 227 of the Constitution of India, petitioner has prayed for a direction upon the Court below i.e. Addl. Principal Judge, Family Court, Varanasi to decide the Matrimonial Petition No. 1127 of 2013 (Sandeep Tripathi Vs. Smt. Geetanjali Tripathi), under Section 13 of Hindu Marriage Act, pending before him, within a stipulated period as may be fixed by this Court.
It is contended that the petitioner was married to the respondent on 06.03.2011 as per Hindu rite and rituals. Thereafter, on account of matrimonial differences, the petitioner has filed two cases against the plaintiff-respondent, one under Section 12 of the Domestic Violence Act and another under Section 125 Cr.P.C., which are still pending. Thereafter, the plaintiff-respondent filed a Matrimonial Petition No. 1127 of 2013 under Section 13 of the Hindu Marriage Act before the court below and notices have already been served to the petitioner-wife but she is not appearing before the court below and is adopting delaying tactics and the matter is pending since then.
It is further contended that Section 21-B of the Act, 1955 specifically provides that all proceedings under the Act should be held on a day to day basis and effort should be made to conclude the proceedings as far as possible within six months from the date of service of the petition on the respondent.
Having regard to the facts and circumstances of the case, and the submission made, but without prejudice to the merits of the case, the instant petition is finally disposed off with an observation that no unnecessary adjournment be taken by the parties during the pendency of the divorce petition and effort should be made to conclude the proceedings in expeditious manner and object of early disposal of petition required under Section 21-B of the Hindu Marriage Act, 1955 be kept in mind while dealing with the divorce petition filed by the respondent-husband.
Order Date :- 12.12.2019 Lbm/-