Smt. Omshri Verma vs Principal Judge Family Court and Another

Pankaj Mithal, J.—The petitioner has filed this petition for a direction upon the Principal Judge Family Court, Kanpur Nagar to decide the suit No. 1419 of 2010 (Smt. Omshri Verma Vs. Sukhram) for divorce between the parties filed u/s under Section 13(1) of the Hindu Marriage Act, 1955 within a time bound period. Section 21B(2) of the Hindu Marriage Act, 1955 provides that all the proceedings under the Act should normally be decided within a period of six months from the date of appearance of the other side. Therefore, when the Act itself provides for time bond disposal of proceedings, there is no necessity for the court to issue any further direction.

Further, Rule 57 of the U.P. Family Courts (Court) Rules, 2006 stipulates that the proceedings before the Court shall be heard and disposed of as expeditiously as possible, preferably within three months.

A Division Bench of this Court in 2010 (1) ADJ 531(DB) Km. Shobha Bose Vs. Judge Small Causes Court has held that direction for speedy disposal should only be given where the Court is satisfied that the court below is purposely avoiding to dispose of the suit for any oblique motive and the parties should ordinarily be relegated before the Court seized with the matter to take appropriate decision depending upon the pendency of other cases and considering all other relevant circumstances.

In view of above, the petition is disposed of with liberty to the petitioner to approach the court concern for expeditious disposal and it is expected that the court below will proceed in accordance with the mandate of Section 21B(2) of the Act and shall do all that is necessary for the speedy disposal of the above petition. Petition is disposed of.