Bhagwat Jaiswal v. Monika Jaiswal

HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 558 of 2021 • Bhagwat Jaiswal, S/o Late Babulal Jaiswal, Aged About 37 Years, Presently Posted As Sub Divisional Magistrate, Mahasamund R/o F 04 Civil Lines Mahasamund, District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

• Monika Jaiswal, W/o Bhagwat Jaiswal, Aged About 41 Years Presently Posted as CJM Rajnandgaon R/o Cjm Bangalow Civil Lines, Rajnandgaon, District : Rajnandgaon, Chhattisgarh ---- Respondent For Petitioner : Mr. Sanjay Pathak, Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/10/2021

1. Heard on petition.

2. Learned counsel for the petitioner submits, that the petitioner has preferred a civil suit under Section 13(a) of Hindu Marriage Act, praying for decree of divorce against the respondent on 18.6.2019. Since then the case was pending without any progress before the Family Court, Raigarh. Subsequent to that the case was transferred to the learned Family Court, Bilaspur, but the case is pending without any progress, therefore, it is almost more than two years the case has remained pending. Hence, prayer has been made for issuance of specific direction to the Family Court to expedite and conclude the proceeding in the case concerned.

3. Considered on the submissions. Perused the documents filed along with the petition and looking to the length of pendency of the case without any progress so far, I am of this view that there is requirement for issuance of specific direction.

4. Accordingly, the petition is disposed off at motion stage. The learned Family Court, Bilaspur is directed to expedite the proceeding in the Civil Suit No.565A/2019 between the parties in this petition and conclude the same preferably within a period of one year from the date, this order is passed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha