Mayank Gupta vs Deepika Gupta

Pankaj Purohit, J

This writ petition has been filed by the petitioner under Article 227 of the Constitution of India for a direction to the learned Principal Judge, Family Court, Dehradun to proceed with the trial and conclude the H.M.A. Case No.857 of 2024, Mayank Gupta vs. Deepika Gupta, filed for divorce in the said court.

It is contended by learned counsel for the petitioner that a suit for divorce was filed by the petitioner-husband on 29.07.2024 and that issues have now been framed in the said suit on 27.10.2025. The next date fixed for filing of evidence in that suit is 10.12.2025.

Learned counsel for the petitioner seeks expeditious disposal mainly on the ground that, under Section 21B of the Hindu Marriage Act, 1955, it is mandated that matrimonial cases be decided expeditiously, preferably within six months from the date of service.

Apart from this, learned counsel for the petitioner has placed reliance upon the Uttarakhand Case Law Management (for Subordinate Courts) Rules, 2009, framed by the High Court of Uttarakhand under Article 227 of the Constitution of India, wherein the categorization of cases has been provided. Matrimonial cases fall in ‘Track-1’ under Rule 3(2) of the said Rules. She further submits that these Rules also stipulate that all endeavours shall be made to decide Track-1 cases, including matrimonial matters, within one year.

From perusal of the record, it appears that the petitioner has approached this Court too early enthusiastically. However, in view of the legal mandate contained in the Hindu Marriage Act itself, as well as in the 2009 Rules framed by this Court, this Court is inclined to interfere in the matter.

Accordingly, the writ petition is allowed. The learned Principal Judge, Family Court, Dehradun, is directed to conclude and decide the hearing of H.M.A. Case No. 857 of 2024, Mayank Gupta vs. Deepika Gupta, under Section 13(1)(ib) of the Hindu Marriage Act, as expeditiously as possible, but in any case not later than six months from the date of production of a certified copy of this order.

Pending application, if any, stands disposed of accordingly.