Smt. Shweta Jha v. Ritesh Kumar Jha
Case at a glance
Outcome
Disposed of
In view of the above, this petition is disposed of with direction
Provisions considered
- Constitution of India art. 227
- Hindu Marriage Act, 1955 s. 13
- Family Courts Act, 1984 s. 9
Judgment
Operative part
Petitioner :- Smt. Shweta Jha Respondent :- Ritesh Kumar Jha Counsel for Petitioner :- Abhishek Gupta, Dharm Raj Pal Hon'ble Ajit Kumar,J. Heard Sri Abhishek Gupta, learned counsel for the petitioner. By means of this petition filed under Article 227 of the Constitution of India, the petitioner wants expeditious disposal of the petition for divorce filed under Section 13 of the Hindu Marriage Act, 1955 pending before the Principle Judge, Family Court, Court No.5, Ghaziabad. Learned counsel for the petitioner submits that in the matrimonial divorce petition the opposite party has appeared but has not filed any written objection till date. In the facts and circumstances when the matter is of a matrimonial dispute, it is always expected to the court concerned to expedite the hearing of the matter. In view of the above, this petition is disposed of with direction to the Principle Judge, Family Court, Court No.5, Ghaziabad to decide the matter as expeditiously as possible within the period prescribed for under Section 21-B of the Hindu Marriage Act, 1955, however, giving due regard to the provisions under Section 9 of the Family Courts Act,1984. However, if for any technical reason and unavoidable circumstances the aforesaid order is not complied with in a sense that the suit does not get disposed of within time framed by this Court, such delay will not by itself hold the Presiding Judge personally liable for any contempt of this Court. Order Date :- 23.1.2023 Deepika DEEPIKA SINGH High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, this petition is disposed of with direction
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Hindu Marriage Act, 1955 — s. 13; Family Courts Act, 1984 — s. 9.
Which court decided this case, and when?
Allahabad High Court, on 23 Jan 2023.
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.