Yogesh Chandra Pant vs Harsha Pant @ Harsha Pandey

Sudhanshu Dhulia, J

This case has been heard through video conferencing.

This appeal has been filed by the husband/appellant against the judgment and order dated 22.02.2020 passed by Learned Judge, Family Court,

Camp Ramnagar, District Nainital in O.S. No.99 of 2019 “Mr. Yogesh Chandra Pant Vs. Smt. Harsha Pant @ Harsha Pandey†whereby the suit

under section 13(1)(ib) of the Hindu Marriage Act, 1955 filed by the appellant/husband has been dismissed for non prosecution.

The case of the appellant before this Court is that since he was in Merchant Navy and was on high seas at the relevant time, the case was being

looked after by his mother, who could not present before the court concerned on the relevant date and the case was dismissed for non prosecution.

All the same, what perhaps weighed in the mind of the court below while dismissing the case of the appellant was the direction of this Court that

the case may be decided within a period of six months and the appellant is delaying the matter.

After hearing the learned Counsels for the parties, we are of the view that the order dated 22.02.2020 passed by the Judge, Family Court, Camp

Ramnagar, District Nainital needs to be set aside, as we are of the opinion there was no deliberate effort on part of the appellant to delay the matters.

The Court below must hear the appellant on merits of the case and dispose of the case, as expeditiously as possible without granting any unnecessary

adjournment to any of the parties as this request has also come jointly from both the Counsels before this Court as well, as the appellant has returned

to Ramnagar, District Nainital and would attending the Court proceedings every date personally.

Meanwhile, this Court has been informed that the appellant/husband has paid the entire arrears under Section 125 of CrPC to the respondent, which

was liable to be paid @ Rs.5,000/- (Rupees Five Thousand Only) per month and an amount of Rs.60,000/- (Rupees Sixty Thousand Only) has been

given to the respondent/wife, a fact which is also admitted by the learned Counsel for the respondent â€" Mr. Atul Bahuguna.

In view thereof, the order dated 22.02.2020 passed by the Judge, Family Court, Camp Ramnagar, District Nainital is hereby set aside. The matter is

remanded back to the Trial Court for disposal of the case as expeditiously as possible, but definitely within a period of four months from the date a

certified copy of this order is produced before him.