Sonam Sachdeva vs Nitin Sachdeva

Pankaj Purohit, J

Present C528 application has been filed by the applicant for a direction to the learned Additional principal Judge-1st, Family Court, Dehradun to expedite and conclude the proceedings of Criminal Case No.80 of 2020, Sonam Sachdeva vs. Nitin Sachdeva, under Section 125 of Cr.P.C.

It is contended by learned counsel for the applicant that the case was filed by the applicant-wife for maintenance on 11.02.2020. The respondent-husband appeared before the trial court in the proceedings but chose to remain absent on subsequent dates, which resulted in ex-parte proceedings against him vide order dated 24.11.2021. Thereafter, on 25.04.2022, the learned trial court passed an ex-parte order directing the respondent to pay Rs. 8,000/- per month to the applicant. The respondent-husband then moved an application for setting aside the judgment and order dated 25.04.2022, upon which the order was recalled and the proceedings were restored to their original number. However, the respondent-husband has continued to seek adjournments on one pretext or another, and the proceedings are still pending disposal.

It is further contended by learned counsel for the applicant that the matter is currently pending at the stage of recording the evidence of the respondent.

Having heard learned counsel for the applicant and after perusal of the record of the case, specifically the order-sheet, it appears that the respondent-husband intends to delay the proceedings by all possible means. The matter had proceeded ex-parte against the respondent-husband, and although the ex-parte judgment was subsequently recalled on his application, the matter is still not progressing as it should. Thus, this Court is of the view that a direction may be issued to the learned trial court to decide the proceedings expeditiously.

Accordingly, the C528 application is allowed. The learned Additional Principal Judge-1st, Family Court, Dehradun, is directed to expedite the hearing of Criminal Case No.80 of 2020, Sonam Sachdeva vs. Nitin Sachdeva, under Section 125 Cr.P.C., as expeditiously as possible, but not later than one year from the date of production of the certified copy of this order.

Pending application, if any, stands disposed of accordingly.