Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8942 of 2018 Petitioner :- Suraj Tomar Respondent :- Smt. Kiran Tomar And Another Counsel for Petitioner :- Nirvikar Gupta Hon'ble Manoj Kumar Gupta,J.
Learned counsel for the petitioner does not press relief no.1, but vehemently pressed relief no.2, which is for issuance of a direction to the trial court to decide H.M.A. Case No.1332 of 2016 under Section 13 of the Hindu Marriage Act, 1955, expeditiously by taking up the matter on day-to-day basis.
Learned counsel for the petitioner points out that so far even written statement has not been filed by the defendant, although service was effected upon her long back on 9.9.2016.
It is pointed out by learned counsel for the petitioner that the court is fixing dates at long intervals, which is against the spirit of Section 21-B of the Hindu Marriage Act, 1955 that requires effort to be made to hold the proceedings on a day to day basis.
Accordingly, this petition is disposed of with direction to the court below to make all endeavour to decide the petition without granting unnecessary adjournment to the parties, keeping in mind the provisions of Section 21-B of the Act.
(Manoj Kumar Gupta, J) Order Date :- 30.11.2018 SL