Neutral Citation No. - 2024:AHC:79787
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 5514 of 2024
Petitioner :- Vinod Kumar
Respondent :- Smt Arti
Counsel for Petitioner :- Surya Bhan Dubey
Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the petitioner and perused the record.
2. By means of this petition filed under Article 227 of the Constitution, petitioner
wants expeditious disposal of Suit No.1516 of 2021 filed by petitioner under
Section 13(A) of the Hindu Marriage Act, pending before Principal Judge, Family
Court, Varanasi.
3. It transpires from the ordersheet that the defendant has not put in appearance
despite service of summons.
4. In the circumstances, this petition stands disposed of with following directions:
a) The trial court shall proceed to record satisfaction regarding service through
publication in a scheduled newspaper of the judgeship concerned within a period of
two months of production of certified copy of this order.
b) After recording satisfaction regarding service of summons, as directed
hereinabove, the trial court shall proceed to conclude the proceedings in light of
provisions as contained under Section 21-B of Hindu Marriage Act, 1955 of-course
having due regard to the provisions contained Section 9 of the Family Courts Act,
1984.
5. It is made clear that direction for expeditious disposal of proceedings of divorce
will not adversely affect any misc. application pending before the court concerned
under Section 24 of Hindu Marriage Act, 1955 and that shall be first disposed of
within 30 days from the date of production of certified copy of this order, if
pending.
6. It is, however, clarified that in the event trial court is not able to decide the suit
for any technical reason, such delay in disposal of the suit and pendency thereof
shall ordinarily not be a ground sufficient enough to fasten the officer concerned
with any personal liability of contempt.
Order Date :- 3.5.2024
P Kesari