JAGDISH CHAND KALA Vs. BHAVNA @ GEETA

JUDGEMENT

(1.) This petition has been filed seeking a direction that the trial in Case No.583/2011, Jagdish Chand Kala Vs. Bhavna @ Geeta , filed by the petitioner under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the 1955 Act') before the Family Court No.1 Jaipur be expedited with reference to Sec. 21B(2) of the Act, 1955 wherein it has been provided that every petition under the 1955 Act, 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 Sec. 13 of the 1955 Act, was filed on 13-7-2011 seeking a declaration that the marriage on 15-2-2006 between the petitioner and the respondent, Bhavna @ Geeta, was void. He has submitted that notice of the case was issued to the respondent on 20-7-2011 and she put her appearance on 18-4-2012. Reply has been filed by her on 8-8-2012. Thereafter due to non-cooperative attitude of the respondent ex-parte proceedings were initiated against her on 22-9-2014, which was set aside on 30-9-2015. Now the next date in the case is 4-1-2016. The respondent is trying to delay the disposal of the case. The case of the petitioner is that in terms of Sec. 21B(2) of the 1955 Act, the Family Court 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.

(3.) Counsel for the petitioner submits that after appearance of the respondent in court, it was incumbent upon the Family Court to fast track the trial with the intent of completing it in six months. Instead the trial is not proceeding as warranted under the 1955 Act and dates of over a month or two are being fixed. Counsel submits that the Family Court ought to have granted adjournment only as an exception and not mechanically. He submits that adjournments should only be by way of reasoned orders only with the object of ensuring a fair trial and not an instrument of harassment of the petitioner.