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2004 DIGILAW 275 (UTT)

Anil Kumar Saini v. Judge Family Court, Dehradun

2004-10-15

RAJESH TANDON

body2004
JUDGMENT Hon'ble Rajesh Tandon, J. By the present Writ Petition, the petitioner has prayed for expediting the Original Suit No. 519 of 2002 Anil Kwnar Saini v. Smt. Kavita. 2. Briefly stated, the petitioner filed the suit under Section 13(A) of Hindu Marriage Act, 1955 against the respondent no. 2 in the Court of Judge Family Court Dehradun (respondent no. 1), which was registered as O.S. No. 519 of 2002 (Anil Kumar Saini Versus Smt. Kavita Saini). 3. Counsel for the petitioner has submitted that the written statement has already been filed and the cross-examination of the witnesses had taken place. 4. Section 21B of the Hindu Marriage Act provides for disposal of the suit within a period of six months. Section 21B of the Hindu Marriage Act is quoted below :- "SECTION 21B Special Provision relating to trial and disposal of petitions under the Act. (1) The trial of a petition under this Act shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion unless the courts finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent." 5. The learned Judge Family Court Dehradun, therefore, is directed to dispose the Suit within a period of two months from the date of the filing of the certified copy of the order. 6. Subject to the aforesaid observations, the Writ Petition is disposed of. 7. Order maybe issued within three days.