Sanjay Joshi vs Deepika Joshi

Pankaj Purohit, J

This writ petition has been filed by the petitioner under Article 227 of the Constitution of India for a direction to expedite the proceeding of Original Suit No.168 of 2022, Shri Sanjay Joshi vs. Smt. Deepika Joshi, under Section 13(1)(ia), (ib) of the Hindu Marriage Act, 1955 pending before the court of Principal Judge, Family Court, Haldwani, as expeditiously as possible or within stipulated time.

It is contended by learned counsel for the petitioner that the petitioner’s evidence has been concluded and the matter was fixed for defendant’s evidence on 04-10-2025; however, since then, eight adjournments have been taken by the respondent-wife. He further submits that the respondent-wife intends to delay the proceedings on one pretext and the other; therefore, a direction from this Court is required to decide the aforesaid matrimonial case expeditiously.

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. He further submits that these Rules also stipulate that all endeavours shall be made to decide Track-1 cases, including matrimonial matters, within one year.

Having heard learned counsel for the parties and having perused the order-sheet, and in view of the legal mandate contained in the Hindu Marriage Act as well as 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, Haldwani, is di-rected to conclude and decide the hearing of O.S. No.168 of 2022, Shri Sanjay Joshi vs. Smt. Deepika Joshi, under Section 13(1)(ia), (ib) of the Hindu Marriage Act, 1955 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.