While hearing a matrimonial dispute, Allahabad High Court noted that a Family Court has to take every possible step to save the marriage as mandated under Section 9 of the Family Courts Act 1984.
Justice Ajit Kumar was hearing the petition filed by husband. The petitioner had sought the directions to the Principal Judge, Family Court, Gorakhpur to expedite his divorce process.
Advocate Satendra Tripathi, representing the petitioner, submitted that respondent-wife had already appeared in the divorce suit pending before the Principal Judge, Family Court, Gorakhpur.
Taking note of all the submissions, the High Court bench directed the Family Court to decide the matter expeditiously, preferably within 8 months. The bench clarified that the time frame of 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.
“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 stated.
The court went on to add, “While deciding the matrimonial dispute for the discord in relation as may have been pleaded in the divorce petition, endeavor 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.”