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2015 DIGILAW 1384 (RAJ)

Devkanta v. Nand Kumar Sharma

2015-07-24

ARUN BHANSALI

body2015
JUDGMENT 1. - This Writ Petition has been filed by the petitioner, inter alia seeking a direction to the Family Court, Bhilwara to expedite the proceedings to conclude the same within a given time frame. 2. It is submitted by learned Counsel for the petitioner that the proceedings it initiated by the petitioner under Section 13 of the Hindu Marriage Act, 1955 (dissolution of marriage in the year 2012. The proceedings are pending before Family Court and on account of the attitude of the respondent in not attending the dates of hearing, the matter is getting adjourned dates after dates even when the respondent appears, for one reason or the other, the matter is getting adjourned. It is further submitted that the petitioner filed application ire the Family Court seeking expeditious disposal of the proceedings, which has been rejected by the Family Court by its Order dated 5.5.2015. It is red that the Family Court be directed to deal with the matter as expeditiously as possible and not to adjourn the matter without any substantial reason. 3. I have considered the submissions made by the learned Counsel for d 5 petitioner and have perused the material placed on record. 4. A perusal of the order-sheet filed by the petitioner Annexure-2, from the date of filing of the petition till the order dated 5.5.2015 has been passed by the Family Court reveals that the matter till the same was fixed for the evidence of the petitioner was proceeding either for the purpose of conciliation between the parties and/or for completion of pleadings, however, after the issues were framed and the matter has been fixed for evidence, for one reason or the other the proceedings are getting adjourned at the instance of the respondent. 5. A perusal of the order-sheet indicate that the matter was listed for petitioner's evidence and was adjourned on 19.9.2014, 29.10.2014, 3.11.2011 25.11.2014, 17.12.2014, 17.1.2015, 10.2.2015, 24.2.2015, 23.3.2015, 20.4.2015 and 5.5.2015. The manner, in which, the respondent is proceeding and the fact that the Family Court, has been adjourning the matter from one date to the other, apparently cannot be approved. 6. The manner, in which, the respondent is proceeding and the fact that the Family Court, has been adjourning the matter from one date to the other, apparently cannot be approved. 6. The proceedings before the Family Court have to be dealt with in a expeditious manner and only on account of exceptional circumstances that the matter must be adjourned and the same should not be adjourned for causal reasons, which appears to be the situation in the present case. 7. In view of the above, the Writ Petition filed by the petitioner is disposed of with a direction to the Family Court, Bhilwara to deal with the petition filed by the petitioner as expeditiously as possible and ensure that the same is disposed of within a period of six months from the date of copy of this order is placed before the said Court and not to grant unnecessary adjournments unless it is necessary,Petition disposed of. *******