Pankaj Purohit, J
1. Petitioner-wife has instituted a divorce suit against the respondent-husband Gaurav Madhwal in the court of Principal Judge Family Court, Dehradun, which is registered as Original Suit No.1159 of 2023 Priyanka Madhwal vs. Gaurav Madhwal under Section 13(1)(a), 26 and 27 of The Hindu Marriage Act, 1955 (for short the Act). The suit was instituted by the petitioner on 16.10.2023.
2. Respondent-husband put in appearance in the suit on 04.11.2023; he has already filed his written statement. The issues were framed on 21.06.2024 and at present the evidence of petitioner/plaintiff is going on.
3. It is contended by learned counsel for the petitioner that respondent-husband has taken as many as six adjournments in a year to delay the proceedings. It is submitted that Section 21-B Sub Section (2) of the Act provided that Court should make all endeavors to decide the matrimonial suit between the parties within a period of six months and, therefore, it is a case where a direction can very well be issued to the court below for expediting the hearing of divorce petition.
4. Having heard learned counsel for the parties and perusal of Section 21-B Sub Section (2) of the Act, which is quoted below:-
“(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.”
5. This Court is of the opinion that it is a fit case where a direction can be issued to learned trial court to expedite the hearing of the suit. Since the petitioner/plaintiff’s evidence is going on, therefore, nothing much is left to be done. In that eventuality, the writ petition is finally disposed of. The Principal Judge, Family Court, Dehradun is directed to decide the Original Suit No.1159 of 2023 Priyanka Madhwal vs. Gaurav Madhwal within a period of six months from the date of production of certified copy of this order.
