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2014 DIGILAW 2552 (ALL)

Subodh Kumar Nigam v. Additional District Judge F. C.

2014-08-21

ABHINAVA UPADHYA

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JUDGMENT Hon'ble Abhinava Upadhya, J. By means of this writ petition the petitioner, who is a husband, has prayed for early disposal of his matrimonial case being Case No. 717 of 2011 (Subodh Kumar Nigam Vs. Smt. Akanksha Nigam) filed under Section 13 of the Hindu Marriage Act, 1955 seeking a decree of divorce, which is pending before Additional Principal Judge, Family Court, Kanpur Nagar. 2. The petitioner had earlier filed a writ petition being Writ Petition No.832 of 2012 which writ petition was disposed of with the expectation that the court below will decide the suit expeditiously. However, a liberty was granted to the petitioner that if the case is not decided within two years, he may file a fresh writ petition. Apparently, it appears that the Court hoped that the court below will decide the case at least within two years, which unfortunately has not been done so far. 3. Learned counsel for the petitioner submits that Section 21B of the Hindu Marriage Act provides for disposal of the suit on day to day basis and preferably within six months. He submits that the suit is of 2011 and more than three years have passed, but the case has not been decided so far. 4. In my view no fruitful purpose would be served in keeping the writ petition pending as a direction can be issued to the court below to decide the said matrimonial case in accordance with law without granting unnecessary adjournment to either of the parties provided there is no other legal impediment in the same, such as, no interim order is operating against the disposal of the said matrimonial case. With the aforesaid direction, the writ petition is disposed of.