Ekansh Jain vs Neha Jain

Lok Pal Singh, J

Matter is again taken up after mediation. As per the report of Mediator, mediation between the parties remained unsuccessful.

Parties are present in person. This Court also had an interaction with the parties. Despite sincere efforts made by this Court, parties could not reach to an amicable settlement. Parties are not willing to live together.

Heard learned counsel for the parties.

By means of present transfer application moved under Section 24 of the Code of Civil Procedure, petitioner has sought transfer of O.S. No.432 of 2015 Smt. Neha Jain v. Shri Ekansh Jain, under Section 13(i)(i-a)(i-b), 25 and 27 of Hindu Marriage Act, 1955 from the court of Principal Judge, Family Court, Dehradun to the court of Principal Judge, Family Court, Haridwar.

The ground taken by the petitioner is that the father of respondent Mr. A.K. Jain is a practicing lawyer in Dehradun and no senior lawyer or lawyer is ready to appear on behalf of the petitioner and thus he has no hope of getting justice from the Family Court, Dehradun.

Respondent has filed the aforesaid case O.S. No.432 of 2015 against the petitioner seeking dissolution of marriage by a decree of divorce, along with prayer for the return of the articles and grant of permanent alimony. Applicant herein has filed written statement in the suit and has also filed counter claim seeking a decree of divorce.

Admittedly, both the parties are not ready to live together under one roof and are seeking decree of divorce. The suit is pending since 2015.

In the above circumstances, this Court, instead of transferring the case from Family Court, Dehradun to Family Court, Dehradun, thinks it appropriate that a direction may be issued to the court below to decide the suit at the earliest.

It has been informed by counsel for the petitioner that earlier also a writ petition being WPMS No.236 of 2016 was filed by the petitioner before this Court to expedite the proceedings of aforesaid suit, wherein the Hon'ble Court has directed as under:

"...

It is accordingly provided that the Principal Judge, Family Court, Dehradun shall make an endeavour to decide the aforesaid Original Suit No. 432 of 2015 at an early date."

Sub Section-2 of Section 21-B of the Hindu Marriage Act, would be relevant for the purpose, which reads as under:

"(2) 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."

It appears to this Court that despite the directions issued by this Court in WPMS No.236 of 2016, the Principal Judge, Family Court, Dehradun has not made any effort to decide the lis between the parties, whatsoever the reason may be. Once direction is issued by this Court, the sub-ordinate court is duty bound to strictly adhere with such directions.

Considering the facts and circumstances that have been brought on record, and keeping in mind the mandatory provision provided in the Act, coupled with the fact that inspite of directions issued by this Court to decide the suit at the earliest, same is still pending consideration, Principal Judge, Family Court, Dehradun, is directed to decide the O.S. No.432 of 2015 as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order. Parties shall cooperate for expeditious disposal of the case and unnecessary adjournments shall be avoided. The Principal Judge, Family Court, shall make observations in its order and shall report to this Court for appropriate orders, if any of the party does not cooperate for expeditious disposal of the case.

With the aforesaid observation and direction, writ petition stands disposed of. No order as to costs.