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In Divorce petition trial to be concluded within six months from date of notice to the respondent

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Civil Writs No. 26183/2018

Shri Vipul Khandelwal S/o Shri Madhav Bihari Khandelwal, By
Caste Mahajan, R/o 402- Akshat Apartment, Bihari Marg, Jaipur(Raj.). —-Petitioner

Versus

Smt. Nikita Khandelwal W/o Vipul Khandelwal, D/o Shri Damodar
Sethy, Aged About 30 Years, By Caste Mahajan, Currently
Residing At Flat No. 702, Sunrise Apartment, Lions Park Colony,Sirsi Road, Jaipur (Raj.). —-Respondent

For Petitioner(s) : Mr. Prashant Sharma, Adv. Mr. Prateek Khandelwal, Adv.

HON’BLE MR. JUSTICE ASHOK KUMAR GAUR
Order 11/12/2018

The instant petition has been filed by the petitioner-husband seeking a direction to give early date in divorce petition pending in Family Court No. 1, Jaipur Metropolitan, Jaipur. The petitioner has also prayed for early disposal of the application of divorce petition filed under Section 13 of the Hindu Marriage Act, 1955.

Learned counsel has submitted that the petitioner has filed divorce petition before the Family Court No.1, Jaipur Metropolitan, Jaipur on 25.09.2018. The office had registered the divorce application on 25.09.2018 and issued notices to respondent-wife by fixing the next date i.e. 12.02.2019. Learned counsel for the petitioner has submitted that first date itself which was given by the Family Court No. 1, Jaipur Metropolitan Jaipur is very long date and as such the divorce petition will take very long time to get the final disposal.

Learned counsel for the petitioner has submitted that the petitioner is facing not only mental trauma but he is also harassed by his in-laws everyday and as such disposal of the application for divorce petition is the need of hour.

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Learned counsel has further submitted that Section 21B of the Hindu Marriage Act, 1955 provides that trial should be continued from day to day and further as per Sub-section (2) the divorce petition should be tried expeditiously and endeavour should be made to conclude the trial within six months.

I have heard counsel for the petitioner and perused the material available on record.

This Court finds that the divorce petition has been filed by the petitioner on 25.09.2018 and due to large number of cases pending before the Family Court No. 1, Jaipur Metropolitan, Jaipur the next date was given on 12.02.2019.

This Court considering the fact that the Family Court’s are now having many divorce petitions pending and as such in order to regulate the procedure, necessary steps are being taken from time to time and further dates are also given as per pendency of the cases.

This Court on perusal of Section 21B of the Hindu Marriage Act, 1955 finds that endeavour is required to be made to decide the divorce petition expeditiously and the endeavour should be there to conclude trial within a period of six months from the date of service of notice of the petition upon the respondent. This Court finds that date of service of notice in the instant petition has already fixed on 12.02.2019.

This Court does not find any justification to interfere with the order passed by the Family Court No. 1, Jaipur Metropolitan, Jaipur issuing notice, returnable on 12.02.2019. This Court finds that the Family Court should make every endeavour to decide the divorce petition in expeditious manner after service of notice.

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This writ petition is disposed of with the observation that no unnecessary adjournment be taken by the parties during pendency of the divorce petition and effort should be made to conclude the proceedings in expeditious manner and object of early disposal of petition required under Section 21B of the Hindu Marriage Act, 1955 be kept in mind while dealing with the divorce petition filed by the petitioner.

Accordingly, the instant petition stands disposed of.

(ASHOK KUMAR GAUR)

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