SUDHIR BALE Vs. BILAL RAI

JUDGEMENT

(1.) In a matrimonial matter where sensitivities of the parties are deeply involved, every attempt should be made to dispose of the cases as expeditiously as possible. Anand J. had already made directions in this regard. Moreover, the petitioner being a young woman, is working at Gurgaon, and frequent attendance in court naturally is likely to affect her duties apart from being expensive. The 'trial court should weigh these considerations, and, therefore, expedite decisions. It should be impressed-upon both the sides to be present promptly on the dates fixed for hearings. No possible impression should be allowed to be created by conduct or gestures of not being favourably inclined to one party or the other. Judicial balance not only should be reflected in the orders made, but should get displayed in the attitude and conduct of cases in court. No particular order which can bring out prejudice or disfavourable dispossession has been brought out and I have no reason to take it that the trial court did not adhere to this desired course of conduct in court either.

(2.) The trial court has mentioned that in most of the cases adjournments for recording of evidence are given to the extent of over six months. In the present cases, they have been shorter extending to two or three months. They should be curtailed further if possible as such like cases arising from matrimonial disputes need to be disposed of early. Having made these observations I am not inclined to transfer the cases. Such transfers not unoften result in more delays. The trial court, of course should proceed expeditiously in the light of the observations made above.

(3.) Before concluding it need also to be mentioned that when witnesses of a party are present, the court should make every possible endeavour to record their evidence and they should not be called back again. The work fixation of the court should be so arranged as not to direct the presence of witnesses whose evidence cannot be recorded. Similarly, cross-examination of the witnesses should be completed immediately after the examination in chief and if need be within a short time thereafter. No long adjournment should be allowed.