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