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