Nishant v. Smt. Kamna

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12247 of 2023 Petitioner :- Nishant Respondent :- Smt. Kamna Counsel for Petitioner :- Vinay Kumar Singh Chandel Hon'ble Ashutosh Srivastava,J. Heard Sri Vinay Kumar Singh Chandel, learned counsel for the petitioner. Considering the nature of the order that is proposed to be passed, the service of notice upon respondent is being dispensed with. The present petition under Article 227 of the Constitution of India has been instituted for a direction to the Principal Judge, Family Court, Ghaziabad to decide the Case No. 2626 of 2021 (Nishant versus Smt. Kamna) under Section 13 of the Hindu Marriage Act within a time frame fixed by this Court. Learned counsel for the petitioner submits that petitioner's marriage was solemnized with the opposite party on 19.6.2018 as per Hindu rites and rituals. The petitioner is an advocate having petty income that is why dispute between husband and wife arose. Opposite party no.2 left her matrimonial house on 8.7.2019 without any reason. The petitioner in the aforesaid circumstances, instituted a divorce case no.2626 of 2021 in which opposite party filed her vakalatnama on 13.10.2022 but till date no written statement has been filed by her. The proceedings are pending for filing of the written statement by the opposite party and various dates in that regard is being fixed by the Principal Judge, Family Court, Ghaziabad. He submits that purpose of filing the present petition would stand served, if appropriate directions are issued to the Principal Judge, Family Court, Ghaziabad seized with the proceedings of Case No.2626 of 20221 (Nishant versus Smt. Kamna) to decide the same within a time frame fixed by this Court. In order to buttress his argument, learned counsel for the petitioner has invited the attention of this Court to various orders passed by the Principal Judge, Family Court, Kasganj particularly to order dated 6.4.2023 whereunder the notices upon the respondent was held to be sufficient as also to other orders which show that the proceedings are being fixed for the purpose of filing of the written statement. I have heard the learned counsel for the petitioner and perused the record. From the record, it is more than apparent that the opposite party is not interested in appearing in the case inasmuch as despite service of notice, the opposite party has not put in appearance nor filed written statement. In the proceedings for restitution of conjugal rights also the opposite party had not appeared. So far as the present proceedings are concerned, the Court below has already held that notice upon the respondent-opposite party to be sufficient and has also fixed the case for filing the written statement and several dates has been fixed in this regard, but the opposite party has neither appeared nor filed written statement. Considering the mandate of Section 21B (2) of Hindu Marriage Act, which contemplates that the proceedings should be brought to its logical end within a period of six months, this Court is of the opinion that in the facts and circumstances, that stand attracted to the case of the petitioner, it is a fit case in which indulgence may be granted by this Court for expediting the proceedings. Accordingly, the petition is disposed of by requiring the Principal Judge, Family Court, Ghaziabad seized with the Case No.2626 of 20221 (Nishant versus Smt. Kamna), under Section 13 of the Hindu Marriage Act to conclude and decide the same within a period of six months from the date of service of certified copy of the order of this Court, in accordance with law without granting unnecessary adjournment to either of the parties. Order Date :- 2.12.2023 m.a. High Court of Judicature at Allahabad