Allahabad High Court
Vinod Kumar Dwivedi S/O Late Ram Chandra ... vs Prin.Judge Family Court Lko. on 15 July, 2010
Author: Rajiv Sharma
Bench: Rajiv Sharma
Court No. - 24 Case :- MISC. SINGLE No. - 3358 of 2010 Petitioner :- Vinod Kumar Dwivedi S/O Late Ram Chandra Dwivedi (U/A 227) Respondent :- Prin.Judge Family Court Lko. Petitioner Counsel :- Pankaj Kumar Tiwari Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the parties.
Learned Counsel for the petitioner submits that marriage of the petitioner with opposite party No.2 took place on 17.6.1990. After some time, due to differences, the petitioner filed a Suit under Section 9 of the Hindu Marriage Act, whereas the opposite party No.2 filed a case under Section 125 of Code of Criminal Procedure. In the year 1997, parties had entered into compromise and they lived together. Again, the petitioner filed a Suit under Section 9 of the Hindu Marriage Act in 1997. This time also, they entered into compromise, on the insistence of the Family Court.
Subsequently, in the year 2004, the petitioner was assaulted by some unknown persons against which the petitioner lodged an F.I.R. After investigation, police had submitted the charge sheet against the opposite party No.2 and her brother. Thereafter, the petitioner filed a Regular Suit No. 573 of 2004 under Section 13 of the Hindu Marriage Act before Principal Judge, Family Court. Since then, it is pending disposal.
Petitioner's Counsel prays that interest of justice would suffice, if the Principal Judge, Family Court, Lucknow is directed to decide the Regular Suit No. 573 of 2003 under Section 13 of the Hindu Marriage Act, expeditiously, to which learned Counsel for the petitioner has no objection.
Keeping the prayer made by the petitioner in mind, issuance of notice to the opposite party No.2 is dispensed with.
Accordingly, the Principal Judge, Family Court, Lucknow is directed to decide the Regular Suit No. 573 of 2004, in accordance with, within a maximum period of six months from the date of presentation of a certified copy of this order.
The writ petition stands disposed of finally in above terms.
Order Date :- 15.7.2010 lakshman