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Sandeep Kumar Pathak vs Bunty Alias Ishita Pathak

Uttarakhand High Court · Decided on 15 September 2021 · Citation: (2021) 09 UK CK 0138

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Hindu Marriage Act, 1955 — Section 13, 21B, 21B(2) · Constitution Of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 1877 Of 2021 (M/S)
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Judgment

11 paragraphs · 358 words

Alok Kumar Verma, J

1.

This writ petition has been filed by the petitioner under Article 227 of the Constitution of India to issue a writ/order/direction to the court of the learned Judge, Family Court, Haldwani to decide the Civil Suit No.287 of 2018, "Sandeep Kumar Pathak vs. Mrs. Bunty alias Ishita Pathak", filed under Section 13 of the Hindu Marriage Act, 1955, in terms of sub-section (2) of Section 21 B of the Hindu Marriage Act, 1955.

2.

Heard Mr. Harshit Sanwal, the learned counsel for the petitioner.

3.

The provisions of Section 21B are reproduced hereunder :-

"21-B Special provision relating to trial and disposal of petitions under the Act - (1) The trial of a petition under this Act, shall, do as far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(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.

(3) Every appeal under this Act shall be heard as expeditiously as possible and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent."

4.

The learned counsel for the petitioner requested to direct the learned Judge, Family Court, Haldwani to decide the said civil suit expeditiously preferably within a period of six months.

5.

This is an innocuous prayer.

6.

Therefore, in the facts and circumstances of the case, the learned Judge, Family Court, Haldwani is hereby directed to expedite the proceedings of Civil Suit No.287 of 2018, "Sandeep Kumar Pathak vs. Mrs. Bunty alias Ishita Pathak", and endeavour shall be made to complete the trial within a period of six months from the date of receipt of the certified copy of this order.

7.

The Writ Petition No.1877 of 2021 (M/S) is disposed of accordingly.