Smt. Pooja Pandey v. Keeping in view the nature of relief sought and the order proposed
Case at a glance
- Bench
- SUBHASH VIDYARTHI
Outcome
Disposed of
the petition is disposed off with a direction to the learned Principal Judge,
Provisions considered
- Constitution of India art. 227
- Hindu Marriage Act, 1955 ss. 9, 13
Judgment
Smt. Pooja Pandey Versus .....Petitioner(s) .....Respondent(s) Counsel for Petitioner(s) Counsel for Respondent(s) : Manjusha Kapil, Shashank Pandey : Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
Heard Smt. Manjusha Kapil, the learned counsel for the petitioner and perused the records.
Keeping in view the nature of relief sought and the order proposed to be passed issuance of notice to the opposite parties is hereby dispensed with.
By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Principal Judge, Family Court, Sultanpur to decide Regular Suit No.1475 of 2023, filed by the petitioner under Section 13 of Hindu Marriage Act expeditiously.
The petitioner had initially filed Regular Suit No.453 of 2021 for restitution of his conjugal rights under Section 9 of Hindu Marriage Act, which was decreed by means of an ex-parte judgment dated 11.05.2022, passed by the learned Family Court, Sultanpur. When the opposite party did not resume cohabitation with the petitioner in spite of decree for restitution of conjugal rights the petitioner filed a suit for divorce under Section 13 of Hindu Marriage Act on this ground on 22.12.2023. The summon of the suit has been issued to the defendant-opposite party and on 30.01.2025 the learned Family Court has passed an order holding service of summon on the defendant-opposite party to be sufficient. Presently, ex-parte evidence is being recorded in the suit.
The learned counsel for the petitioner has drawn attention of the Court to the provisions contained in Section 21-B(2) of Hindu Marriage Act, which provides that every petition under Hindu Marriage Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. 2 A227 No. 7354 of 2025
Operative part
Keeping in view the aforesaid peculiar facts and circumstances of the case, the petition is disposed off with a direction to the learned Principal Judge, Family Court, Sultanpur to decide Regular Suit No.1475 of 2023, filed by the petitioner under Section 13 of Hindu Marriage Act keeping in view the statutory mandate provided under Section 21-B(2) of Hindu Marriage Act expeditiously in accordance with law without granting any unnecessary adjournments to any of the parties and by fixing dates at short intervals. January 8, 2026 Ram. (Subhash Vidyarthi,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the petition is disposed off with a direction to the learned Principal Judge,
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Hindu Marriage Act, 1955 — ss. 9, 13.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.