Prahalad Prasad, Son Of Nakul Prasad v. Shweta Kumari
2018-10-23
SHREE CHANDRASHEKHAR
body2018
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - Ms. Sweta Kumari, the learned counsel appears for the respondent. 2. The petitioner, who has instituted Matrimonial Title Suit No. 243 of 2013, is aggrieved of the order dated 15.01.2015 by which the trial court has directed him to pay Rs. 10,000/- per month as maintenance pendente lite to his wife, besides Rs. 5,000/- for legal expenses. 3. The petitioner has filed affidavit dated 10.10.2018 confining his prayer in the writ petition for a direction to the trial court for expeditious disposal of the suit. In view of the statement made in paragraph no. 9 of this affidavit, challenge to the impugned order dated 15.01.2015 stands withdrawn by the petitioner. 4. The petitioner has produced the entire order-sheet in Title Matrimonial Suit No. 243 of 2013. 5. In support of his stand, that proceeding in Matrimonial Title Suit No. 243 of 2013 has been prolonged at the instance of the defendant, the petitioner has produced a chart of the adjournments sought by the defendant for cross-examination of his witnesses. The petitioner has pleaded that for cross-examination of P.W. 1, fifteen adjournments were taken and for cross-examination of P.W. 3 by now 10 adjournments have already been taken by the defendant; P.W. 2 was finally cross-examined after five adjournments. 6. Speedy disposal of a suit is the mandate of law. Amendments in the Code of Civil Procedure are a reflection of the legislative intendment that it is in public interest that litigation comes to an end at the earliest. A suit which was instituted in the year 2013 is still pending today, is an example how the mandate of law appears not to have been followed during trial of the suit. However, without making any observation on the conduct of the parties; who is the defaulting party, I am of the opinion that early disposal of the Matrimonial Title Suit No. 243 of 2013 must be ensured by the trial judge, keeping in mind the mandate under Order XVII Rule 1(2) CPC. 7. Accordingly, the writ petition stands disposed of with a direction to the trial judge to dispose of Matrimonial Title Suit No. 243 of 2013 on or before 31.03.2019, without granting adjournment to any of the parties, but for just excuse.