Sandyp Bhattacharya v. Spryeha Bhattacharya

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 200/2016 & C.M. No.7533/2016 SANDYP BHATTACHARYA ..... Petitioner Through Mr.Prashant Mehndiratta, Advocate.

versus SPRYEHA BHATTACHARYA ..... Respondent Through Mr.Prateek Yadav, Advocate.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 03.08.2016 Petitioner is aggrieved by the fact that in spite of the HMA petition i.e. HMA Petition No.11/2011 titled Sandyp Bhattacharya Vs. Spryeha Bhattacharya pending before the Family Judge since 2010 no effective orders are being passed. Petitioner submits that his application under Section 26 of the HMA has not yet decided although the pleadings are complete.

Per contra learned counsel for the respondent-wife is also aggrieved and her submission is that her application under Section 24 of the HMA has not seen the light of the day and no order has been passed. No interim maintenance has been granted in her favour. Parties point out that proceedings are pending before the Conciliator (who is exploring possibility of a settlement) and the next date fixed before him is 05.8.2016 In case no settlement is arrived at, the Principle Judge, Family

Court will endeavour to dispose of both the aforenoted applications (in which pleadings are stated to be complete) expeditiously. The Trial Court shall dispose of the application under Section 26 of the Hindu Marriage Act positively within an outer limit of three weeks from the date of the order noting that reconciliation is not possible. The application under Section 24 of the Hindu Marriage Act shall also be decided within three months from the date of the receipt of this order.

No further orders are called for in this petition. Needless to state that the main HMA petition shall also be decided earlier.

Petition disposed of.

INDERMEET KAUR, J AUGUST 03, 2016 ndn