Heard learned counsel for the petitioner.
The petitioner has filed this writ petition for a direction upon the court concern to decide Matrimonial Petition No.447 of 2013 (Abhay Kumar Srivastava Vs. Neha Srivastava) under Section 13 of the Hindu Marriage Act, 1955 within a time bound period.
Section 21-B(2) of the Hindu Marriage Act, 1955 provides that every petition under the Act 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 upon the respondent. Therefore, the statute itself mandates for deciding petitions under the Act with a time bound period as indicated above.
Further, Rule 57 of the U.P. Family Courts (Court) Rules, 2006 stipulates that the proceedings before the Court shall be heard and disposed of as expeditiously as possible, preferably within three months.
In view of the above mandate of law a petition for any direction for time bound disposal of the petition is not warranted. The court below is bound by the mandate of law aforesaid depending upon its workload and pendency of other old cases.
The petitioner therefore can impress upon the court concern to follow the above mandate and to decide the petition expeditiously. Accordingly, the petition for any direction is unwarranted and is disposed of with expectation that the court concern shall do all that is necessary for the speedy disposal of the above petition.
Petition disposed of.
Order Date :- 20.2.2014 SKS