Ramdayal Tathagat v. Subhadra Ray

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1426 of 2024 ====================================================== Ramdayal Tathagat, Son of Late Ram Pratap Ray, Resident of VillageGorigamma, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

Subhadra Ray, Wife of Ramdayal Tathagat, Resident of Village- Gorigamma, P.S.- Mahua, District- Vaishali, at present residing at Village- Kanhauli Saidpur, P.S.- Mahua, District- Vaishali.

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

For the Petitioner/s :

Mr.Ram Shankar Das, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 27-01-2025 The record has been taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The petitioner has approached this Court seeking direction to the learned Principal Judge, Family Court, Vaishali at Hajipur to dispose of Divorce Case No. 259/2020 filed by the petitioner under Section 13 of the Hindu Marriage Act at the earliest.

4. The learned counsel for the petitioner submits that the petitioner, who is a teacher, has filed the matrimonial case for divorce vide Divorce Case No. 259 of 2020 against the respondent. After the evidence of the petitioner was closed, the matter has been fixed for evidence of the respondent and, thereafter, only one witness has been examined on behalf of the respondent till date and since April 2024 the matter is running

Patna High Court C.Misc. No.1426 of 2024 dt.27-01-2025 2/2 at the stage of evidence of the respondent.

5. Since it is the matter seeking direction to the learned trial court for expeditious disposal of the aforesaid matrimonial case, I do not think there is any need to issue notice to the respondent.

6. Having considered the aforesaid facts and circumstances as well as submission made on behalf of the petitioner, the learned Principal Judge, Family Court, Vaishali at Hajipur is directed to expedite the proceedings of Divorce Case No. 259 of 2020 and try to conclude the same at the earliest on its merits and in accordance with law preferably within a period of six months from the date of receipt/production of a copy of this order, without adjourning the matter unnecessarily.

7. At the same time, the parties are directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.

8. With the aforementioned observations and directions, the instant petition stands disposed of. (Arun Kumar Jha, J) V.K.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.01.2025 Transmission Date NA