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2011 DIGILAW 18 (RAJ)

Babulal @ Pramod Pareek v. Aruna Pareek

2011-01-04

NARENDRA KUMAR JAIN

body2011
JUDGMENT 1. - Heard learned counsel for the petitioner. 2. It is submitted on behalf of the petitioner that the petitioner filed an application under Section 13 of the Hindu Marriage Act for passing a decree of divorce in the Court of District Judge, Sikar way back on 08.03.2006 and he closed his evidence on 07.04.2007 and since then matter is pending for cross-examination of non applicant or her witnesses. He further submitted that matter was fixed on 17.08.2010 and on that day also, the case was adjourned S.B. Civil Writ Petition No. 13298/2010 on the cost of Rs. 5,00/- for recording the statement of non-applicant/wife. Again matter was fixed on 01.09.2010 but non applicant filed a review petition and case was again adjourned for 26.10.2010. He, therefore, submitted that for last more than 31/2 years the matter is pending before said Court for evidence of non applicant Respondent No. 1, therefore, a suitable directions may be issued to the concerned Court to close the evidence of the non-applicant and to decide the matter at the earliest. 3. I have considered the submissions of learned counsel for the petitioner and perused various order sheets of the trial Court placed on record with the writ petition. 4. From order sheet dated 17.08.2010 it is clear that application for divorce was filed on 08.03.2006. From order sheet dated 16.12.2008 it is clear that applicant closed his evidence on 07.04.2007 and thereafter for one reason or the other trial of the case could not be concluded and the matter S.B. Civil Writ Petition No. 13298/2010 remained pending for non-applicant's evidence. Since it is matrimonial dispute and requires early disposal, therefore, I think it fit and proper to direct the concerned Court to expedite trial of the case at an early date. 5. Consequently, writ petition is disposed off with a direction to learned District Judge, Sikar to decide above referred matrimonial case at the earliest, but not later than a period of six months from the date of receipt of copy of this order, It is needless to mention that in case non-applicant does not cooperate, then appropriate order may be passed for early disposal of the case in accordance with law'. 6. A copy of this order may be sent for information and compliance to District Judge, Sikar.Petition Disposed of. *******