Vikram Singh vs Smt. Hemant Kumari

Hon''ble Pankaj Mithal, J.—Heard learned counsel for the petitioner. The petitioner is a husband. He has filed a suit for divorce u/s 13 of the Hindu Marriage Act against the respondent wife.

Petitioner has preferred this petition for a direction upon the Principal Judge, Family court, Kanpur Nagar to decide Original Suit No 1717 of 2011 (Vikram Singh Vs. Smt. Hemant Kumari) expeditiously within a time bound period.

The submission is that the other side has put in appearance.

Section 21-B of the Hindu Marriage Act, 1955 clearly lays down that the trial of a petition under this Act shall, so far as is practicable, be continued from day to day until its conclusion and every petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

Thus, the aforesaid provision mandates for the disposal /decision on a petition under the Act within a period of six months from the date of service of notice upon the other side. In view of above facts and circumstances, the petition is disposed of with the direction to the court concern to proceed with the aforesaid suit in accordance with mandate of Section 21-B of the Hindu Marriage Act and to conclude its trial as expeditiously as possible within a period of six months from the date of production of certified copy of this order, provided there is no legal impediment in deciding the same.