Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3811 of 2019 Applicant :- Smt. Pratibha Jha Opposite Party :- Sri Abhishekh Srivastava,F.T.C. And 2 Others Counsel for Applicant :- In Person Hon'ble Mahesh Chandra Tripathi,J. Heard the applicant in person.
The applicant is before this Court against the wilful defiance of the order dated 10.05.2019 passed in Matters Under Article 227 No.3785 of 2019 (Smt. Pratibha Jha v. Ashok Jha), which for ready reference is quoted as under:-
"Heard the petitioner in person.
The sole relief claimed in the instant petition is for issuing a direction to the Family Court, Ghaziabad to decide Case No. 253 of 2014 (Ashok Jha vs. Pratibha Jha), expeditiously, within a time bound manner.
However, Section 21-B of the Hindu Marriage Act, 1955 specifically provides that all proceedings under the Act should be held on a day to day basis and effort should be made to conclude the proceedings as far as possible within six months from the date of service of the petition on the respondent.
In view of the aforesaid provisions under the Act, I am of the opinion that no further direction is required. The petition is accordingly disposed of."
Admittedly the proceeding in question is pending since 2014 and has not been decided as yet, whereas it is clearly stipulated by the order in question that Section 21-B of the Hindu Marriage Act, 1955 specifically provides that all proceedings under the Act should be held on a day to day basis and effort should be made to conclude the proceedings as far as possible within six months from the date of service of the petition on the respondent. The order in question dated 10.05.2019 is admittedly served upon the Presiding Officer/ Principal Judge, Family Court.
The Court has proceeded to examine the record in question and find that as per the mandate of Section 21-B of the Hindu Marriage Act the proceeding must be finalised within six months from the date of service of the petition on the respondent but admittedly still the same has not been finalised as yet and as such the Presiding Officer is expected to adhere the provisions of the Hindu Marriage Act and the writ Court order in question and finalise the proceeding in question accordingly.
The contempt application stands disposed of accordingly. Notices, if any, stand discharged.
Order Date :- 26.8.2019 SP/