Smt. Geeta vs State of U.P. and Another

Pankaj Mithal, J.—Heard learned counsel for the petitioner. Petitioner has filed this petition for a direction upon the court concerned to decide divorce petition No. 274 of 2013, filed u/s 13 of Hindu Marriage act, 1955 (Smt. Geeta Vs. Sanjay Singh) pending in the court of Family Court at Bareilly within a stipulated period.

In view of provisions of Section 21B(2) read with Rule 57 of the Rules framed under the Act, every suit filed under the Act is supposed to be decided expeditiously within a time bound period of six months from the date of appearance of other side but it is not practically possible to decide each and every case within the period so provided inasmuch as all the courts are overburdened and there are frequent adjournments and strikes by lawyers resulting in systematic delay.

In view of above and the Division Bench of this Court in 2010 (1) ADJ 531 (DB) Km. Shobha Bose Vs. Judge Small Causes Court, I do not consider fit to issue any positive direction for time bound disposal of the above case and leaves it open to the parties to make an appropriate application in this regard before the court concerned and in case any such application is filed, the court will consider and do all that is necessary for the expeditious disposal of the case depending upon the workload of the court and the pendency of other old cases before it. Petition is disposed of.