VINAY KHEDIA Vs. SNEHA W/O VINAY KHEDIA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dated 14/05/2019 passed by the Additional Principal Judge Family Court, Bilaspur in case No. 298-A/2018.

(2.) Mr. Abhishek Sinha, learned counsel for the petitioner submits that in a petition filed by the petitioner under Section 13 (1) of the Hindu Marriage Act, 1955 (henceforth 'Act of 1955'), respondent No. 1 was served with notice that on 09/01/2018, the matter was fixed for filing written statement by the respondent, but till date, written statement has not been filed by her. Subsequently, the petitioner moved an application for closing respondent No. 1's opportunity to file written statement in view of the provisions contained under Order 8 Rule 1 read with Section 151 of the CPC. That same application was not adjudicated and was adjourned on 14/05/2019 for 15/07/2019, which is wholly impermissible in law, as the Supreme Court, in the matter of Kailash Vs. Nanhku and Ors., (2005) 4 SCC 480 has held that the period stipulated under Order 8 Rule 1 has to be complied with necessarily. Therefore, appropriate direction be issued to the family Court to decide the application expeditiously.

(3.) I have heard learned counsel for the petitioner, considered his submissions and went through the records with utmost circumspection.