Kaushal Kishore Gautam v. Priyanka Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2161 of 2014 ====================================================== Kaushal Kishore Gautam Son Of Sri Birendra Prasad Singh Permanent Resident Of Purani Gudari, Ward No. -9, P.O. And P.S. Bettiah Town, District West Champaran Currently Residing At Naik (O.P.R.) Kaushal Kishore Gautma, Army No.- 15773088 W.H.R.Q. 19 Air Defence Regiment .... .... Petitioner/s

Versus

Priyanka Devi Wife Of Kaushal Kishore Gautam, Daughter Of Sri Mahadeo Mishra Resident Of Village- Belwan, P.O.- Awaraiya, P.S.- Bettiah Mufassila, District West Champaran.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Respondent/s : Mr. Gp-23 Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 21-04-2015 Heard Mr. Rajesh Kumar Sinha, the learned counsel for the petitioner.

The learned counsel for the petitioner has now confined his prayer in this writ application for a direction to the learned court below for expeditious disposal of Matrimonial Case No. 138 of 2007 pending before the Principal Judge, Family Court, Bettiah.

It has been submitted by the petitioner that initially the divorce case no. 138 of 2007 has been filed seeking divorce but later on by amendment, the petitioner has changed the relief praying for annulment of the marriage under Section 12 (1) (D). It

Patna High Court CWJC No.2161 of 2014 (6) dt.21-04-2015 has been also submitted by the learned counsel for the petitioner that the matter is pending since long and in view of the nature of the case a direction to the learned court below for expeditious disposal of the said case may be issued.

Considering the aforesaid submissions and in view of the fact that the petitioner has now confined his prayer only for a direction for early disposal of the pending case before learned court below, this writ application is disposed of with a direction to the learned court below to expedite the proceeding pending before it since 2007 and dispose of the same preferably within a period of six months from the date of receipt/production of this order. It is recorded that in view of the nature of the order, this Court has found that it is not necessary to hear the other side. The writ application is, accordingly, disposed of with aforesaid direction.

(V. Nath, J) Devendra/- U