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2016 DIGILAW 904 (UTT)

Jaspal Singh v. Reshan Kaur

2016-11-30

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. Heard learned counsel for the petitioner. 2. Present petition has been filed by the petitioner for a direction to the Judge Family Court, Udham Singh Nagar Camp at Kashipur to decide the Divorce Petition No. 200 of 2014 “Jaspal Singh Vs. Resham Kaur” filed by the petitioner under Section 13-A of the Hindu Marriage Act, as expeditiously as possible or within a stipulated period as prescribed by this Court. 3. It is submitted by the learned counsel for the petitioner that the marriage of the petitioner was solemnized with the respondent on 06.02.2009 and out of the wedlock, two daughters were born. Soon thereafter, the relation between the wife and husband got strained. Petitioner tried to persuade the respondent, but all in vain. On 13.05.2014, the petitioner instituted a suit against the respondent in the Court of Judge, Family Court, Udham Singh Nagar under Section 13-A of the Hindu Marriage Act, which was registered as Original Suit No.200 of 2014. Learned counsel for the petitioner submitted that though the suit was instituted in the year 2014, but same has not been decided so far. He 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. He contended that about more than two years have passed, but the said suit has not been decided yet. He prayed that direction may be issued to the Judge Family Court, Udham Singh Nagar Camp at Kashipur to decide the Original Suit No. 200 of 2014 “Jaspal Singh Vs. Resham Kaur” at the earliest. 4. I have considered the submission advanced by the learned counsel for the petitioner and have perused the papers available on record. 5. In my considered view, the suit of such a nature should not be kept pending for a long period. In the present case, the said suit was filed on 13.05.2014 and about two years have passed, but the same has not been decided so far. 6. In view of order, which this Court is proposing to pass, notice is not being sent to other party. Issuance of notice, may further delay the proceedings. 7. In the present case, the said suit was filed on 13.05.2014 and about two years have passed, but the same has not been decided so far. 6. In view of order, which this Court is proposing to pass, notice is not being sent to other party. Issuance of notice, may further delay the proceedings. 7. Considering the facts and circumstances of the present case, the writ petition is disposed of with a direction to the Judge Family Court, Udham Singh Nagar Camp at Kashipur to decide the Original Suit No. 200 of 2014 “Jaspal Singh Vs. Resham Kaur” expeditiously, preferably within a period of four months from the date of production of a certified copy of this judgment. However, it is observed that the Family Court will also take into account all other old matrimonial cases. In my view, oldest cases should be decided on priority basis. 8. There will be no order as to costs.