PREMRAJ PRATAP SINGH Vs. ALKA SINGH

JUDGEMENT

(1.) Perused the report dtd. 21/5/2022 submitted by the Principal Judge, Family Court, Hathras. It is gratifying to note that the trial has progressed a lot. The Principal Judge owes an explanation to this Court why he had adjourned the case acknowledging a probable strike by Advocates on 20/5/2022. The adjournment by the Principal Judge prima facie amounts to misconduct. No Court ought to take notice of a strike or a probable strike by the Advocates. The directions of the Supreme Court in District Bar Association., Dehradun through its Secretary v. Ishwar Shandilya and others, (2020) 17 SCC 672 read:

(2.) Once this is the position, the action of the Trial Judge in adjourning the case on 21/5/2022 to 8/7/2022 requires to be explained by him, which he shall do through a report for the time being before any further orders are passed. Even otherwise, in a Family Court, the presence of an Advocate is not a necessity, though this Court is mindful of the fact that no meaningful justice can be done in the absence of the learned Counsel for parties.

(3.) Lay this petition as fresh again on 27/5/2022 along with the learned Trial Judge's explanation.