Smt. Aishwarya Roy v. Tej Pratap Yadav

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.312 of 2024 In CIVIL MISCELLANEOUS JURISDICTION No.513 of 2024 ====================================================== Smt. Aishwarya Roy Wife of Tej Pratap Yadav, Daughter of Sri Chandrika Rai Resident of 43, Adarsh Colony, Sri Krishna Nagar, P.S.- Buddha Colony, District- Patna.

... ... Petitioner/s

Versus

Tej Pratap Yadav Son of Sri Lalu Prasad Yadav Resident of 10, Circular Road, P.S.- Sachiwalay, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Shrivastava, Sr. Advocate Mr.Nilanjan Chatterjee, Advocate Mr. Ujjwal Raj, Advocate Mr. Sahil Kumar, Advocate For the Opposite Party/s :

Mr.Jagnnath Singh, Advocate Mr. Deepak Kumar, Advocate Mr. Padmanath Kashyap, Advocate Mr. Md. Ghulam Mustafa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-04-2025 Heard learned counsels for the parties.

2. The instant civil review petition has been filed seeking modification of the order dated 11.07.2024 passed in Civil Miscellaneous Jurisdiction No. 513 of 2024, whereby and whereunder this Court disposed of Civil Misc. No. 513 of 2024 with direction to the learned Principal Judge, Family Court, Patna to dispose of Matrimonial Case No. 1208 of 2018 within six months from the date of receipt/production of a copy of the order without granting any unnecessary adjournments to the parties.

Patna High Court C. REV. No.312 of 2024(5) dt.21-04-2025 2/3

3. From the submission of the parties it is apparent that the matter has not been disposed of by the learned trial court within six months in terms of the direction of this Court. The modification in order has been sought on the ground that the Hon'ble Supreme Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh & Ors, reported in (2024)6 SCC 267 has issue certain directions to the effect that barring extraordinary situations the constitutional courts should refrain from issuing directions for disposal of the trial in a time bound manner.

4. In the present case since the period of six months has already been lapsed and the trial of Matrimonial Case No. 1208 of 2018 has not been concluded and there is no further order from this Court, the matter has become infructuous. Therefore, I do not find any merit in the present civil review petition for interfering with the order. Further, having regard to the directions of the Hon'ble Supreme Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh & Ors,(supra), this Court is not inclined to issue any further directions regarding expeditious disposal of the matrimonial case. But at the same time the learned trial court is reminded of the mandate of law as under Section 21B of the Hindu Marriage

Patna High Court C. REV. No.312 of 2024(5) dt.21-04-2025 3/3 Act, 1955 family courts are supposed to dispose of the matrimonial petition within six months of the respondent receiving notice of the petition. Hence, the parties are directed to extend all cooperation to the learned Family Court in disposal of the matrimonial suit.

5. Accordingly, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U