KRISHAN PAL Vs. SMT. SUNIT

JUDGEMENT

(1.) Petitioner has instituted a suit no. 330 of 2008 in the court of Civil Judge (Senior Division) Muzaffar Nagar for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. Petitioner applied on 13.4.2011 for withdrawal of the suit. The said application is not being considered and decided. Therefore, petitioner preferred this petition for a direction to the court concerned to pass appropriate orders on the aforesaid withdrawal application dated 13.4.2011.

(2.) This Court vide order dated 13.12.2012 had required a report from the District Judge as to why even an application for withdrawal of a suit is not being considered by the concerned court. The copy of the said order was faxed to the District Judge by the registry on 21.12.2012 but no report was not sent. Again pursuant to the order dated 2.1.2013, the registry had required the District Judge to submit report and the copies of the earlier orders were faxed to the District Judge on 4.1.2013 but as per the office report dated 8.1.2013, no report has been submitted.

(3.) There is no explanation for not submitting the report or any letter of request for time for submitting the report. The conduct of the District Judge can not be appreciated and it appears that he has scant regard to the orders of this Court.The court is unable to understand the predicament of the District Judge in not attending to the orders of the Court and in not sending the report. Notwithstanding no report has been submitted by the District Judge, I am of the view that the withdrawal application dated 13.4.2011requires immediate attention by the court concerned.