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2015 DIGILAW 1365 (ALL)

Hemant Katara @ Shiv Shankar Katara v. Principal Judge Family Court

2015-05-25

ASHWANI KUMAR MISHRA

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JUDGMENT Ashwani Kumar Mishra, J. Proceedings, under section 13 of the Hindu Marriage Act, have been initiated by the husband, which have remained pending on 24th April, 2013. It is contended that the court concerned are routinely adjourning the proceedings, without keeping in view the provisions of section 21(B)(2) of the Act, which provides that such proceedings ought to have been decided, within a period of six months from the date of service of notice upon the other side. A prayer has been made to expedite the proceedings. 2. In view of the decision in Km. Shobha Bose v. Judge Small Causes Court reported in 2010(1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any suit without ascertaining the position of workload in the court concern, and in the absence of any allegation that the court below is responsible for the delay, but looking to the fact that it is a matrimonial dispute and section 21(B)(2) of the Act read with Rule 57 of the Rules framed under the Act, provides for expeditious disposal of all proceedings within a time bound period, the present petition is disposed of with the observation that the court concerned shall proceed to decide the Divorce Petition No.625 of 2013, in accordance with law, by curtailing all unnecessary adjournments, keeping in view the provisions of section 21(B)(2) of the Act.