- (1.) Heard learned counsel for the petitioners and perused the record.
(2.) According to the petitioners, their marriage was solemnized on 17.6.2010 as per Hindu rites and rituals at Madhuban Marriage Hall Mohan Road, Lucknow and after marriage, they lived together for sometime and from the wedlock, a baby, namely, Aaradhya, was born, who is at present 5 years old. In the year 2012, due to some quarrel, petitioner No.2-Anjali Verma lodged an FIR against the petitioner No.1.-Swapnil Verma, which was registered as Case Crime No. 302/12 under Sections 498 IPC and 3/4 of the Dowry Prohibition Act at police station Sikanderpur district Ballia and since then, petitioners are living separately.
(3.) It has been stated by the petitioners that since they did not cohabitated so long and further it is impossible for them to live together, therefore, they decided to enter into compromise to take divorce by mutual consent and filed a petition before the competent court. In these backgrounds, on 2.7.2015, petitioners have filed a suit for mutual divorce under Section 13 (B) of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Lucknow, which was registered as Suit No. 1553 of 2012 but the opposite party-Principal Judge, Family Court, Lucknow, has fixed the suit for 3.1.2016. Therefore, the petitioner is constrained to approach this court by filing the present writ petition, seeking a writ in the nature of mandamus directing the opposite party to conclude the suit No. 1553 of 2012 for mutual divorce filed under Section 13 (B) of Hindu Marriage Act, 1955 : Swapnil Verma and Anjali Verma, expeditiously.;