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2009 DIGILAW 2277 (RAJ)

Prem Lata Sharma v. Addl. District and Sessions Judge, Laxmangarh, District Alwar

2009-11-04

NARENDRA KUMAR JAIN

body2009
JUDGMENT 1. - The application for early listing of the writ petition is allowed. 2. At the request of parties, the arguments were heard and the writ petition is being disposed of finally. 3. The petitioner as well as respondent no. 2 filed joint petition under Section 13-B of the Hindu Marriage Act before Additional District and Sessions Judge, Laxmangarh, District Alwar on 12.2.08 for grant of decree of divorce in between them. The case was adjourned for six months as per the provisions of Hindu Marriage Act for the purpose of reconciliation, if possible and it was fixed for 23.8.2008. Thereafter, joint petition ought to have been decided, but for one reason or the other, the trial court did not decide the petition and adjourned the same on several occasions. It was lastly listed on 22.9.08, but instead of deciding the petition, the. trial court adjourned it for 6.7.09 i.e. after more than nine months. Being aggrieved with the same, the petitioner has preferred this writ petition with a prayer that trial court be directed to decide the joint petition of petitioner as well as respondent no. 2 at an early date. 4. The submission of the learned counsel for both the parties is that such petitions are normally disposed of after a period of six months, but in the present case a period of more than one and a half year has expired, but the same has not been decided so far. The petition was filed on 12.2.08 and it was initially fixed on 23.8.08, but thereafter without any reason, it was adjourned from time to time and on 22.9.08 it was adjourned for more than nine months, which was not proper on the part of the trial court. He, therefore, contended that a suitable direction be issued to the concerned court to dispose of the joint petition as per law at an early date. 5. I have considered the submissions of the learned counsel for both the parties. 6. There is no dispute in between, the parties that they have made a joint petition under Section 13-B of the Hindu Marriage Act for grant of decree of divorce. The order sheet for the trial court dated 22.9.08 shows that the case was adjourned to 6.7.2009. This Court issued notice of this writ petition to respondents on 11.12.2008. Now a period of about 10 months has also expired. The order sheet for the trial court dated 22.9.08 shows that the case was adjourned to 6.7.2009. This Court issued notice of this writ petition to respondents on 11.12.2008. Now a period of about 10 months has also expired. The trial court has still not decided the joint petition and the same is pending as admitted by parties. The trial court adjourned the present joint petition from time to time without any reasonable cause. On 22.9.08, the trial Court adjourned the joint petition for more than 9 months which was not proper at all. After consideration all the facts and circumstances of the case, I am of the view that ends of justice would be met in case a direction is given to the concerned court to decide the joint petition of the petitioner and respondent no. 2 at an early date. 7. Consequently, the writ petition is allowed. The Additional District & Sessions Judge, Laxmangarh, District Alwar is directed to decide the joint petition of petitioner Smt. Prem Lata Sharma and respondent no. 2 Shri Kailash Chand pending before it as early as possible but not later than a period of two months from the date of submission of certified copy of this order. The arties are directed to bear their own costs.Writ Petition Allowed. *******