LAWS(ALL)-2013-3-277

ASHOK RAWAT Vs. MAMTA RAWAT @ MAMTA ROHETLA

Decided On March 22, 2013
Ashok Rawat Appellant
V/S
Mamta Rawat @ Mamta Rohetla Respondents

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner under Article 227 of the Constitution of India for a direction upon the learned Additional Civil Judge (Senior Division), Ghaziabad to decide Case No. 663 of 2011 (Ashok Rawat Vs. Mamta Rawat) under Section 12 -B of the Hindu Marriage Act. I have heard learned Counsel for the petitioner.

(2.) THE contention of the learned Counsel for the petitioner is that the sole respondent/wife has put in appearance in the said suit and thereafter she is taking unnecessary adjournments and delaying the proceedings deliberately.

(3.) HOWEVER , it is recorded hereunder that the learned Civil Judge while conducting trial shall have the regard to the judgment of the Supreme Court in the case of Ramrameshwari Devi v. Nirmala Devi, : (2011) 8 SCC 249, at page 268, wherein the Supreme Court has laid down the law in respect of the proceedings in the trial court and certain guidelines have been laid down in the aforesaid judgment. The guidelines reads as under: -