Sanjay Kumar Baranwal v. Bhavna Kumari

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2054/2024 SANJAY KUMAR BARANWAL ..... Petitioner Through:

Mr.Hargovind Jha & Ms.Sony, Advs.

versus BHAVNA KUMARI ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 07.03.2024 1.

The present petition has been filed under Article 227 of the Constitution of India seeking directions to the learned Judge Family Court, Dwarka Court, New Delhi (hereinafter referred to as „Trial Court‟) to dispose of the divorce proceedings, in HMA No.1669/2018 titled as "Sanjay Kumar Baranwal vs. Bhavna Kumari", in a time bound manner preferably within three months.

2.

Learned counsel submits that petitioner herein has filed abovementioned divorce petition under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as „the Act‟) in the year 2018 and since then the trial has not been concluded. It is further submitted that despite the previous directions of this Court vide order dated 20.03.2023 to expeditiously dispose of the petition, the proceedings are still at the stage of cross examination of petitioner herein who is being examined as PW-1. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 11:13:22

3.

It is submitted that learned Judge Family Court had granted various opportunities to the respondent herein to conclude the cross examination of PW-1, however, cross examination is being lingered on. It is further submitted that prolonged trial is causing mental harassment to the petitioner and thus, the learned Trial Court be directed to dispose of petition in a time bound manner preferably within three months.

4.

Order dated 20.03.2023 passed in MAT. APP(F.C.) 87/2019 & 159/2019 by the learned Division Bench of this Court, has been brought to the notice of this Court whereby the Family Court was directed to dispose of the petition expeditiously. Further the learned Division Bench of this Court in Smt.K.S. Sumi Mol vs. Sh. Suresh Kumar E.K. has framed the guidelines within which the learned Family Courts are to function and dispose of matrimonial cases expeditiously.

5.

In view of above circumstances, the learned Judge Family Court is directed to dispose of the divorce petition filed by the petitioner herein expeditiously preferably within eight months. 6.

With above directions, petition as well as pending application stands disposed of.

SHALINDER KAUR, J MARCH 7, 2024/ab/k The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 11:13:22