Kumari Saumya v. Sumit Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.600 of 2022 ====================================================== Kumari Saumya Wife of Sumit Kumar, Daughter of Jitendra Nath Gupta, Resident of Pharia Patti Motipur Bazar, P.O.- Motipur, P.S.- Motipur ward no.-7, District Muzaffarpur.

... ... Petitioner/s

Versus

Sumit Kumar Son of Madan Lal Sahu, permanent resident of Manan Ji Ki Nursury, Aamgola, P.O.- Aamgola, P.S.- Town, District Muzaffarpur, presently resides at Flat no. 313, 3rd Floor, Jikne Thimnahally apartment, Blue Lotus Park Varanasi road, Tic Palaya Rammurti Nagar, Banglore Pin Code- 560036.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2022 The petitioner has filed the present application under Article 227 of the Constitution of India for a direction to the learned Principal Judge, Family Court, Muzaffarpur to decide the Divorce Case No. 333 of 2019 as expeditiously as possible preferably within a period of six months in terms of the provision of Section 21 (B)(2) of the Hindu Marriage Act, 1955. Learned counsel for the petitioner submits that petitioner was married to the respondent on 5th May, 2009 and she has filed the divorce petition seeking divorce from her husband on the ground of cruelty. He further submits that after notice, the respondent-husband has already appeared and attempt for reconciliation between the parties has also failed.

Patna High Court C.Misc. No.600 of 2022(2) dt.11-11-2022 2/2 The divorce suit is pending for the last three years whereas, the statutory provision is that endeavour shall be taken to conclude the trial within six months. He also submits that written statement on behalf of the respondent has already been filed on 12-10-2020.

Taking into consideration the provision of Section 21 (B)(2) of the Hindu Marriage Act,1955 and the fact that written statement on behalf of the respondent - husband has already been filed, accordingly, learned Principal Judge, Family Court, Muzaffarpur is directed to dispose the Divorce Case No. 333 of 2019 as expeditiously as possible preferably within a period of six months from the date of receipt / production of a copy of this order.

It is made clear that either of the parties shall not be granted any unnecessary adjournments.

With the aforesaid observation and direction, the application stands disposed of.

(Anil Kumar Sinha, J) praful/- U