Court No. - 39
Case :- MATTERS UNDER ARTICLE 227 No. - 939 of 2019 Petitioner :- Dharmendra Kumar Tiwari Respondent :- Smt. Madhulika Counsel for Petitioner :- Kamla Kant Mishra,Varun Mishra
Hon'ble B. Amit Sthalekar,J.
Heard Sri Kamla Kant Mishra, learned counsel for the petitioner.
The petitioner in the writ petition is seeking a direction to the Principal Judge, Family Court, Bhadohi at Gyanpur to ensure compliance of the order of this Court dated 16.05.2017. It appears that earlier the petitioner had filed Writ Petition under Article 227 of the Constitution of India No.3179 of 2017 (Dharmendra Kumar Tiwari Vs. Smt. Madhulika) which was disposed of by this Court vide order dated 16.05.2017. The order of the Court reads as under:
"As the suit is of the year 2016, it is expected that many other older matters would be pending before the court concerned and, therefore, it would not be appropriate, at this stage, to issue any specific direction concerning disposal of the present suit proceeding. It is expected that the court concerned shall proceed with the matter expeditiously, in accordance with law.
With the aforesaid observation, the petition is disposed of."
Learned counsel for the petitioner submits that even after almost two years the matter is still not being decided. He also submits that Section 21 (B) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955) specifically provided that the trial court shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. Section 21 (B) of the Act, 1955 reads as under:
"21 (B). Special provision relating to trial and disposal of petitions under the Act.- (1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded."
In this view of the matter, the writ petition is disposed of with a direction to the Principal Judge, Family Court, Bhadohi at Gyanpur to decide the Case No.180 of 2016 (Dharmendra Vs. Madhulika) in accordance with law after giving an adequate opportunity of hearing to all the parties to the lis expeditiously preferably within a period of six months from the date of receipt of a certified copy of this order.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 22.2.2019 N Tiwari