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Judgment
6 paragraphs · 267 wordsAlok Kumar Verma, J
Mr. Priyanshu Gairola, learned counsel for the petitioner.
Mr. Priyanshu Gairola, Advocate, submitted that the petitioner, aged about 61 years, is a cancer patient. He has filed a divorce petition under Section 27(1)(b) and (d) of the Special Marriage Act, 1954 (Case No.252 of 2024, “Mr. Pem Tshering Vs. Mrs. Punam Tshering”), whereas the respondent has filed a suit for restitution of conjugal rights (Case No.344 of 2023, “Mrs. Punam Tshering Vs. Pem Tshering”) under Section 22 of the Special Marriage Act, 1954. Both the said cases are pending before the Court of Ist Additional Principal Judge, Family Court, Dehradun. Both the cases are consolidated. The respondent is deliberately delaying the proceedings of Case No. 344 of 2023 by not filing her examination-in-chief since 22.07.2024. Therefore, the petitioner has filed this writ petition under Article 227 of the Constitution of India to direct the learned Ist Additional Principal Judge, Family Court, Dehradun to decide the case no. 344 of 2023 expeditiously.
In the facts and circumstances of the case, the learned Ist Additional Principal Judge, Family Court, Dehradun is directed to expedite the proceedings of Case No. 252 of 2024, “Mr. Pem Tshering Vs. Mrs. Punam Tshering” and the proceedings of Case No. No.344 of 2023, “Mrs. Punam Tshering Vs. Pem Tshering” and decide the same expeditiously, as per law, without granting any unnecessary adjournment to either party.
The present Writ Petition (WPMS No.727 of 2026) is disposed of accordingly.
It is made clear that this Court has not expressed any opinion on the merit of the case.