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Allahabad High Court : Family Court Must Take Every Possibilities To Save Marriage

Allahabad High Court : Family Court Must Take Every Possibilities To Save Marriage

Allahabad High Court : Family Court Must Take Every Possibilities To Save Marriage

 

The Allahabad High Court observed that Under Section 9 of Family Courts Act, it should be the endeavour of the Family Court to take every possible step to save the marriage while deciding a matrimonial dispute.

 

 

 

 

 

The Allahabad High Court recently observed that a Family Court while deciding a matrimonial dispute, has to take every possibilities to save the marriage as is the mandate Under Section 9 of the Family Courts Act 1984 [Vipul Gupta v. Amrita @ Ruchi]

 

Justice Ajit Kumar was hearing a petition filed by a husband seeking directions to be issued to the Principal Judge, Family Court, Gorakhpur to expeditiously decide the petitioner's divorce casepending before the Family Court.

Advocate Satendra Tripathi appearing for the petitioner, pointed out that the respondent-wife had already appeared in the divorce suit pending before the Principal Judge, Family Court, Gorakhpur.

 

 

 

 

 

 

 

The Court, therefore, directed the Family Court to decide the matter as expeditiously as possible preferably within 8 months.

The Allahabad Court said that, "This petition is disposed of with a direction to the court concerned to consider and decide the aforesaid case strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eight months from the date of production of certified copy of this order." 

 

 

 

 

 

The Court while directing the Family Court to decide the case expeditiously also noted:

"While deciding the matrimonial dispute for the discord in relation as may have been pleaded in the divorce petition, endeavour of the Presiding Judge must be to take every possible step to save the marriage in the light of the provisions contained Under Section 9 of the Family Courts Act, 1984 before finally concluding the proceedings."

The Allahabad Court also clarified that time frame of eight (8) months for the disposal of the case shall be deemed to be extended in the event the concerned district is hit by another surge of COVID pandemic, resulting in the suspension of public movement and/or judicial working.

 

 

 

 

 

 

Court No. – 9

Case :- MATTERS UNDER ARTICLE 227 No. - 6504 of 2021

Petitioner :- Vipul Gupta

Respondent :- Amrita @ Ruchi

Counsel for Petitioner :- Satendra Tirpathi

Hon'ble Ajit Kumar,J.

 

Heard learned counsel for the petitioner and perused the record.

By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-

(i)”Issue an appropriate order or direction directing the Principal Judge, Family Court, Gorakhpur to decide the Case No. 1397 of 2018, Vipul Gupta Vs. Amrita @ Ruchi), pending before him, within some stipulated period as fixed by this Hon'ble Court."

 It is argued by the learned counsel for the petitioner that opposite party has already appeared in divorce suit pending before the Principal Judge, Family Court, Gorakhpur.

Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid case strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eight months from the date of production of certified copy of this order.

It is, however, directed that while deciding the matrimonial dispute for the discord in relation as may have been pleaded in the divorce petition, endeavour of the Presiding Judge must be to take every possible step to save the marriage in the light of the provisions contained under Section 9 of the Family Courts Act, 1984 before finally concluding the proceedings.

It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV2/COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.

Order Date :- 03.12.2021

Irfan Uddin

 

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