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Soni Sharma vs Family Court

High Court Of Judicature at Allahabad|26 April, 2019
Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3152 of 2019 Petitioner :- Soni Sharma Respondent :- Family Court , Agra And Another Counsel for Petitioner :- Ashish Goyal
Hon'ble Saurabh Shyam Shamshery,J.
Shri.Ashish Goyal, learned counsel appearing on behalf of the petitioner submits that the petitioner who is the wife of respondent no.2, has filed a Matrimonial Petition No.355 of 2018, under Section 13 of the Hindu Marriage Act, 1955 which is pending before the Family Court, Agra. He further submits that notices were issued to the respondent no.2 on 01.9.2018 and the matter was proceeded ex-parte by order dated 04.12.2018. However, later on 15.12.2018, the said ex-parte order was recalled. He further submits that Section 21-B (1) and 21-B (2) of he Hindu Marriage Act, 1955 provides that such cases may be continued from day to day as well as the court concerned shall take all endeavour to conclude the trial within a period of six month from the date of service of notice of the petition on the respondent.
Considered the submissions made at bar, perused the record and also considered the legal position cited above.
This writ petition stands disposed of with the direction upon the learned court below to take all endeavour to decide the Matrimonial Petition No.355 of 2018, under Section 13 of the Hindu Marriage Act preferably, within a period of six months from the date of filing a certified copy of this order before it, without granting any unnecessary adjournment to either of the parties.
While deciding the above-mentioned matrimonial petition, the learned court below may also take into consideration the judgment passed by the Hon'ble Supreme Court in the matter of M/s. Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others 2011 (89) ALR, 232.
Order Date:-26.4.2019-SB
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  • Saurabh Shyam Shamshery
  • Ashish Goyal