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Judgment
Ravindra Maithani, J
The petitioner seeks directions that the Matrimonial Case No.384 of 2024, Kuldeep Singh vs. Prabhjot Kaur, under Section 13-B of the Hindu Marriage Act, 1955 (“the Act”), pending in the court of Judge, Family Court, Kashipur, District Udham Singh Nagar (“the case”) be decided expeditiously.
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner would submit that the parties stay abroad. Therefore, the matter may be decided expeditiously.
In some cases when petitions for expeditious disposal are preferred, the Court considers the circumstances and at times observing that every court should ensure expeditious disposal, matters are disposed of. Rarely the courts fixes any time frame for disposal of a case, but instance is a very strange case. When the matter is taken up, on behalf of respondent also, representation has been made. The chronology of the case is as follows:-
a) On 07.09.2024, the petition under Section 13-B(1) of the Act was preferred. When the court fixed 10.03.2025, the next date. On that date, the petitioner filed his evidence. Evidence was closed and the matter was fixed for argument on 18.03.2025.
b) On 18.03.2025, the counsel represented the parties moved an adjournment application and 19.03.2025 was the date fixed.
c) On 19.03.2025 again, the parties appeared and moved adjournment application and now, the date fixed is 03.05.2025.
On the one hand, the petitioner is seeking adjournment in the case and on the other hand, here is an application for expeditious disposal of the case. This is nothing, but totally abuse of the process of law. Such type of petitions should be discouraged. Therefore, this Court proposes to dismiss the instant petition with some costs.
The petition is dismissed with costs of Rs.20,000/-. The costs shall be deposited by the petitioner within a period of three weeks from today. In case, if it is not deposited, it shall be recovered as an arrears of land revenue and Registry shall proceed to recover the same.