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Allahabad High Court
Dr.Ashwani Kumar Yadav [U/A 227] vs Smt.Dr.Sunita Dashottar … on 6 August, 2010
Court No. - 24
C.M. Application No.77997 of 2010

in re:
Case :- MISC. SINGLE No. - 2924 of 2010

Petitioner :- Dr.Ashwani Kumar Yadav [U/A 227]
Respondent :- Smt.Dr.Sunita Dashottar [Radiologist] And Another
Petitioner Counsel :- Akhter Abbas
Respondent Counsel :- C.S.C.

Hon'ble Rajiv Sharma,J.

Heard Mr. Akhtar Abbas, learned Counsel for the applicant and Mr.

Rakesh Srivastava, learned Standing Counsel on the application for

early listing of the case.

With the consent of parties, I proceed to hear the case finally.

The grievance of the petitioner is that the Suit filed by the petitioner

before the Additional Principal Judge, Family Court, Lucknow is pending

since 26.3.2008. The case was fixed on several occasions, but in spite

of notice, the respondent no.1 has not filed written statement and is

deliberately delaying the proceedings. The delay in disposal of the

aforesaid proceedings is causing not only mental agony to the parties

but the future life too.

Learned counsel for the petitioner prays that interest of justice would

suffice if a direction is issued to the Additional Principal Judge, Family

Court, Lucknow to decide the aforesaid Suit expeditiously, to which

learned Standing Counsel.

In several decisions, this Court has observed that matrimonial disputes

shall be decided speedily. Section 21-B of the Hindu Marriage Act

provides for disposal of such cases within a period of six months from

the date of service of notice.

In view of above, without going into merits of the case, the writ petition is

disposed of finally. An endeavor shall be made by the Additional

Principal Judge, Family Court, Lucknow to decide the aforesaid Suit, in

accordance with law, within six months from the date of presentation of

a certified copy of this order.

Order Date :- 6.8.2010

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