LALA RAM PANCHAL Vs. SANGEETA @LEKHA DEVI PANCHAL

JUDGEMENT

(1.) This petition has been filed seeking a direction that the trial in Case No.456/2013, Lala Ram Vs. Smt. Sangeeta, filed by the petitioner under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the 1955 Act') before the Family Court Dausa be expedited with reference to Section 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 Section 9 of the 1955 Act, was filed on 12 -9 -2013 seeking conjugal rights of the marriage solemnized on 16 -5 -2010 between the petitioner and the respondent. He submits that the respondent has been served in the matter and she filed her reply on 1 -2 -2014. His case is that in terms of Section 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 service of notice on the respondent 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, inasmuch as the respondent has been repeatedly seeking time and dates of over a month or two are being fixed on each occasion. Counsel submits that the Family Court ought to have granted adjournment only as an exception and not as a right on the mere asking. He submits that adjournments should have been 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.