HC directs Family Court to finish trial of divorce within 6 months, considering the provisions of Section 21-B of the Hindu Marriage Act
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 1460 of 2011
Giresh Mittal S/O Shri Ramesh Chandra Mittal, R/O 105 Vivek Vihar Colony, Aawas Vikas Ranipur Morh, Jwalapur, Thana Kotwali Jwalapur, District Haridwar. … Petitioner.
Smt. Nishi Mittal W/O Sri Giresh Mittal D/O Mahendra Singhal, D.P. Gaur Residence, Vishnu Gard Thana Kankhal, District Haridwar.
Mr. Pankaj Chaturvedi, Advocate, learned counsel for the petitioner. Date July 19, 2011.
Hon’ble B.S.Verma, J.
Heard learned counsel for the petitioner. The only prayer made in this writ petition is that the Judge, Family Court, Haridwar be directed to decide the Suit No. 313 of 2009, Giresh Mittal Vs. Smt. Nishi Mittal, within a time frame, which is pending before that Court. The petitioner herein is the petitioner in the suit, which has been filed for a decree of divorce. It appears that the issues in the suit were framed on 28-1-2011 and the suit is pending at the stage of evidence. The suit is pending since the year 2009. Considering the provisions of Section 21-B of the Hindu Marriage Act, the learned Judge, Family Court, Haridwar is directed to decide the Suit No. 313 of 2009 on merits in accordance with law after hearing both the parties, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order and unnecessary adjournments shall be avoided. Both the parties shall co-operate in the speedy disposal of the aforesaid case before the court concerned. With the above direction, the writ petition is disposed