SUNITA SUMAN Vs. RAJVEER @ SHAFIKUR RAHMAN & OTHERS

JUDGEMENT

(1.) This petition has been filed seeking a direction that the trial in C.M. Case No.65/2011, Smt. Sunita Suman Vs. Rajveer, filed by the petitioner under Sections 7, 12, and 21 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955') before the Family Court Kota be expedited with reference to Section 21B(2) of the Act, 1955 wherein it has been provided that every petition under the Act, 1955 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.

(2.) Counsel for the petitioner submits that the petition under Sections 7, 12, & 21 of the Act, 1955 was filed on 21-7-2011 seeking a declaration that the marriage on 29-5-2011 between the petitioner and the respondent, Rajveer, was void. He submits that the respondent-husband has been served. His case is that in terms of Section 21B(2) of the Act, 1955, the Family Court, Kota ought to have been conscious of the statutory provision and expedited the trial. Yet the trial in the matter is proceeding at very slow pace. He has submitted that attempts for reconciliation have also failed.

(3.) Counsel for the petitioner submits that once even reconciliation had failed, it was incumbent for the Family Court, Kota to fast track the trial. Instead the trial is not proceeding as warranted under the Act, 1955 inasmuch as dates of over 2 to 3 months are being fixed in case of each adjournment. He submits that the issues having already been framed rather than adjourn the matter three months on each occasion without just cause, the Family Court, Kota ought to have commenced a day to day trial with adjournment being the exception and not a right conferred on the mere asking. He submits that adjournments should only be by way of reasoned orders with the object of a fair trial and not an instrument of harassment of the petitioning wife.