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2012 DIGILAW 230 (UTT)

Vijay Garg v. Smita

2012-05-17

V.K.Bist

body2012
JUDGMENT Heard learned counsel for the parties. 2. Present petition has been filed by the petitioner for a direction to the Principal Judge, Family Court, Dehradun to proceed with the proceedings of Case No.768 of 2010 “Shri Vijay Garg Vs. Smt. Smita” expeditiously and conclude the same within a period of two months. 3. Counter affidavit filed in the Court today. Same is taken on record. 4. Brief facts of the case, as narrated in the writ petition, are that the marriage of the petitioner was solemnized with the respondent on 10.12.2004 at Bulandshahar, as per Hindu Rites and Ceremonies. Soon thereafter, the relation between the wife and husband got strained and the respondent started living with her parents at her parental home. Petitioner tried to persuade the respondent, but all in vein. On 20.12.2010, the petitioner filed a petition against the respondent under Section 13 of the Hindu Marriage Act in the Court of Principal Judge, Family Court, Dehradun, which was numbered as Original Suit No.768 of 2010. Thereafter, on 16.11.2011, respondent moved an application under Section 24 of the Hindu Marriage Act. On 24.01.2012, the petitioner filed objections to the said application. 5. Learned counsel for the petitioner submitted that the suit was instituted in the year 2010, but same has not been decided yet, though as per law, same should have been decided within six months from the date of service of notice on the respondent. She further submitted that the respondent is not interested in the early hearing of the case and is using all sorts of dilatory tactics for delaying the disposal of the suit. She submitted that Section 21-B (2) of the Hindu Marriage Act, 1955, provides that 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 and in the present case, since notice has already been served on the respondent, direction may be issued for early disposal of suit. 6. On the other hand, Shri B.S. Thind, learned counsel for the respondent strongly opposed the petition and submitted that the respondent is not delaying the proceeding. He submitted that infact, the Family Court, Dehradun is occupied with other cases and due to this fact, the hearing of this case has not been concluded. 6. On the other hand, Shri B.S. Thind, learned counsel for the respondent strongly opposed the petition and submitted that the respondent is not delaying the proceeding. He submitted that infact, the Family Court, Dehradun is occupied with other cases and due to this fact, the hearing of this case has not been concluded. He argued that in case order is passed for early disposal of Case No.768 of 2010, in that event, other persons, who have filed their suit prior filing of suit of the petitioner, will suffer. 7. I have considered the submissions advanced by the learned counsel for both the parties and have perused the papers available on record. 8. From the perusal of order sheet, it transpires that notice was served upon the respondent by way of publication on 04.08.2011 and now, the respondent is also appearing in the Family Court. On 13.09.2011, reconciliation carried out, but failed. Thereafter, the Family Court proceeded. After appearance, on 16.11.2011, respondent moved an application under Section 24 of the Hindu Marriage Act. Thereafter, several dates were fixed in the matter, but due to one reason or the other, the proceedings have been prolonged in the matter and the case could not be heard. Hence, this petition has been filed by the petitioner for the expeditious disposal of the Case No.768 of 2010 “Shri Vijay Garg Vs. Smt. Smita” pending in the Court of Principal Judge, Family Court, Dehradun. 9. Considering all above stated facts and also considering the submissions advanced by the learned counsel for the parties as well as provision contained under Section 21-B (2) of the Hindu Marriage Act, 1955, the writ petition is disposed of in the following manner: (i) The learned Court below, while deciding the Matrimonial case, will first of all take further steps for reconciliation between the parties. (ii) The Court below then decide the application filed under Section 24 of the Hindu Marriage Act within a period of one month from the date of production of a certified copy of the order. (iii) Thereafter, the Principal Judge, Family Court, Dehradun shall hear and decide the Case No.768 of 2010 “Shri Vijay Garg Vs. Smt. Smita” expeditiously, preferably within a period of four months from the date when the above application is decided. Misc. application (CLMA No.4357 of 2012) also stands disposed of.