Sumit Agrawal v. Neha Agrawal

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CIVIL MISCELLANEOUS JURISDICTION No.269 of 2021 ====================================================== Sumit Agrawal Son of Late Ashok Agrawal Resident of 202, Amba Residency, Boring Canal Road, patna, at Present 102 Chandra Residency, Boaring Road, P.S. Sri Krishnapuri, District- Patna. ... ... Petitioner

Versus

Neha Agrawal Daughter of Arun Khemka, Resident of 32 Baranashi Ghosh Street, P.S. - Girish Park, Kolkota (West Bengal) ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Respondent/s :

Ms.Neha Agrawal (Inperson) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as respondent, Neha Agrawal who appeared in person. Learned counsel for the petitioner has submitted that the suit for divorce was filed by the plaintiff Sumit Agrawal as matrimonial (divorce) Suit No. 1044 of 2016. He has submitted that respondent Neha Agrawal appeared in the year 2016 and filed her written statement in the year October, 2017. Learned counsel for the petitioner has submitted that two witnesses have already been examined but due to some reason or other the progress of suit is not as per optimum level. Lastly, the

Patna High Court C.Misc. No.269 of 2021(3) dt.03-12-2021 2/3 prayer has been made to issue the direction to the court below for expeditious disposal of the divorce case.

On the other hand, respondent Neha Agrawal submitted that she has filed some petitions which are still to be disposed of by the learned Principal Judge, Family Court and for the ends of justice, those applications are necessary to be disposed of. It appears that the petitioner as well as the respondent both wants speedy disposal of the case but, at the same time, the disposal of the petitions filed by the respondent is also necessary for the ends of justice.

Learned counsel for the petitioner has submitted that a separate miscellaneous case has already been initiated in respect of the petition under Section 340 of the Cr.P.C. On the above mentioned facts and circumstances, the learned Principal Judge, Family Court, Patna is directed to take every endeavor to dispose of the divorce case as expeditiously as possible, subject to any legal or procedural impediment. So far as interlocutory application which has been filed by the respondent is concerned, it has not been affidavited on oath as the ID of the person concern is wanting.

With the above-mentioned observations, this miscellaneous petition is being disposed of.

Office shall ensure that all defects are removed by the

Patna High Court C.Misc. No.269 of 2021(3) dt.03-12-2021 3/3 petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U