Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9841 of 2019 Petitioner :- Vaibhav Bansal Respondent :- Principal Judge And Another Counsel for Petitioner :- Aklank Kumar Jain Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner.
2. This petition has been filed by the petitioner, praying for a direction to be issued to the Principal Judge, Family Court, Gautam Budh Nagar to decide Petition No.774 of 2017 (Vaibhav Bansal vs. Sandhya Gupta) expeditiously within a time period as is stipulated by this Court.
3. It has been submitted by the learned counsel for the petitioner that the petitioner married the defendant on 3.2.2014 and on 12.7.2014, the defendant left her matrimonial home. The petitioner thereafter filed a Divorce Petition under Section 13(1) of the Hindu Marriage Act on the ground of mental cruelty. The defendant has appeared before the trial court and filed her written statement on 10.7.2018. Issues have been framed. The plaintiff-petitioner has filed his replication also. Since then, the matter is pending disposal before the trial court.
4. Under Section 21B of the Hindu Marriage Act, 1955, it is expected of the trial court to conclude trial of a petition by hearing it day to day and not giving adjournments unless reasons are recorded in writing and to give a decision within a period of six months from the date of service of notice on the respondents.
5. This petition is disposed of with a direction to the trial court to conclude the hearing as expeditiously as possible, keeping in mind the legislative intent of Section 21B of the Act, say within a period of six months from the date, a certified copy of this order is produced before the court concerned.
Order Date :- 18.12.2019 Sachin