GIRDHARI LAL Vs. ANITA ALIAS KAMLI

JUDGEMENT

(1.) HEARD learned counsel for petitioner.

(2.) PETITIONER has preferred this writ petition with a prayer that Family Court No.2, Jaipur (respondent No.2) may be directed to conclude and decide the application No.532/2009, titled As Girdhari Lal Vs. Anita, pending before it, under Section 13 of the Hindu Marriage Act, within a period of three months.

(3.) SECTION 21B was inserted in the Act with effect from 27th May, 1976 and it was provided that trial of the petition under this Act be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. In sub-section (2), it is provided that every petition under this SECTION shall be tried as expeditiously as possible, and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. From the above referred provisions of the Act, it is clear that every petition under the provisions of the Act is to be taken on day to day basis and endeavour has to be made to conclude the trial within six months, however, we are aware that number of cases are pending in the Subordinate Courts and it is very difficult to take every case on day to day basis and to conclude the trial within a period of six months, but after considering the proceedings, in the present case, it appears that more than a reasonable time was granted to respondent No.1 to file reply and a long date is being given in the case. In these circumstances, I am of the view that this is a fit case wherein a direction can be given to the concerned Court to proceed in the case on day to day basis or at least to fix the case once a week and to conclude the trial within four months positively.