The Allahabad High Court while deciding a petition under Article 227 of the Constitution for expeditious disposal of cases before the Family Court, observed that directions to the Trial Courts cannot be passed routinely to decide cases expeditiously as they are burdened with heavy dockets themselves.
A Single Bench of Justice Alok Mathur passed this order while hearing a petition filed by Smt Prity Pandey.
By means of the petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of Original Suit filed under Section 13(1) (ia) of Hindu Marriage Act, 1955 pending before Additional Principal Judge, Family Court, Lucknow.
Counsel for the petitioner submitted that grievance of the petition would be sufficiently met in case Additional Principal Judge, Family Court, Lucknow, considers and decides the aforesaid case in the time bound manner.
The Court observed that,
Considering the fact that the claim petition was filed in 2020 of which proceedings are underway and from the perusal of the petition, there is no disclosure of any extraordinary circumstance as to why this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct the trial court to decide the same expeditiously.
The Court is conscious of the fact that the trial courts are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court to decide any particular case out of turn expeditiously. It is when some extraordinary circumstance is made out only then it would be appropriate for the Court to exercise its extraordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial court who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the suit proceedings.
In the case no such circumstances has been mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India.
“However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the suit before the trial court. In case, such application is moved within two weeks the trial court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereon”, the order reads.
With aforesaid observation and direction the Court disposed of the petition.