AJEET UNIYAL Vs. URVASHI UNIYAL

JUDGEMENT

(1.) By means of present writ petition under Article 227 of the Constitution of India, petitioner has sought the indulgence of this Court for a direction to be issued to learned Additional Principal Judge-I, Family Court, Dehradun, to decide and expedite the Original Suit No.1084 of 2022 Sri Ajeet Uniyal Vs. Smt. Urvashi Uniyal, under Sec. 13 and 26 of the Hindu Marriage Act, pending before it, as early as possible within a stipulated period of four months.

(2.) It is contended by the learned counsel for the petitioner that the petitioner-husband filed a divorce suit under Sec. 13 and 26 of the Hindu Marriage Act, against the respondent-wife on 3/9/2022 for grant of a decree of dissolution of marriage and also prayed for custody of minor daughter, which was registered as Original Suit No.1084 of 2022 Sri Ajeet Uniyal Vs. Smt. Urvashi Uniyal. The respondent-wife was served with summons in aforesaid Original Suit and the matter was fixed for filing of written statement/compromise conversation/framing of issue on 29/10/2022. After receiving notices, respondent-wife put in appearance and filed her written statement on 3/12/2022. Learned Family Court sent the parties before the counseling on 3/12/2022 for the purpose of mediation, who after conducted counseling submitted its report, in which it came out that the mediation proceedings failed between the parties because none of them were ready to live with each other.

(3.) It is further contended by him that after failure of the mediation proceedings, learned Family Court proceeded with the trial and the parties were directed to submit documentary evidences, which was filed from the end of both the parties. Further, during intervening period, petitioner-husband was permitted to meet the children, but the matrimonial dispute could not be settled between the parties. He further submits that matter is being adjourned for one and another reason and the aforesaid suit is pending since 2022 and last two and half years more than 50 dates were fixed by learned Family Court but the controversy could not be settled finally between the parties.