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2014 DIGILAW 518 (ALL)

Adarsh Kumar Gupta v. Nidhi

2014-02-13

PANKAJ MITHAL

body2014
JUDGMENT Pankaj Mithal,J.: - Heard learned counsel for the petitioner. 2. The petitioner has filed this petition for a direction upon the court concerned to decide the original suit No.164 of 2013, Adarsh Kumar Gupta Vs. Smt. Nidhi for divorce between the parties filed under Section under Section 13 of the Hindu Marriage Act, 1955 within a time bound period. 3. Section 21-B (2) of the Hindu Marriage Act, 1955 provides that all the proceedings under the Act should normally be decided within a period of six months from the date of appearance of the other side. Therefore, when the Act itself provides for time bond disposal of proceedings, there is no necessity for the court to issue any further direction. 4. A Division Bench of this Court in 2010 (1) ADJ 531 (DB) Km. Shobha Bose Vs. Judge Small Causes Court has held that direction for speedy disposal should only be given where the Court is satisfied that the court below is purposely avoiding to dispose of the suit for any oblique motive and the parties should ordinarily be relegated before the Court seized with the matter to take appropriate decision depending upon the pendency of other cases and considering all other relevant circumstances. 5. In view of above, the petition is disposed of with liberty to the petitioner to approach the court concerned for expeditious disposal and it is expected that the court below will proceed in accordance with the mandate of Section 21-B(2) of the Act and shall do all that is necessary for the speedy disposal of the above petition. Petition is disposed of.