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High Court of DelhiCM(M)/327/2016

Jitender Pal Singh v. Anita Saini @ Anita Kumari

2016-08-29Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 327/2016 JITENDER PAL SINGH ..... Petitioner Through Mr. Akshay Bhandari, Adv.

versus ANITA SAINI @ ANITA KUMARI ..... Respondent Through None.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 29.08.2016 The petitioner is aggrieved by the fact that inspite of his petition HMA 276/2012 having remained pending before the Family Court, Tis Hazari since the year 2012, no effective hearing has taken place. He has drawn attention of this Court to the various hearings which have taken place; the order-sheets have been appended. Issues were framed in 2013 and the matter was fixed for evidence. It is stated that time and again the respondent-wife is taking adjournments and the petitioner's witnesses have not been cross-examined till date inspite of the fact that their examination-in-chief was recorded on 14.12.2013; statement of five witnesses by way of affidavit had been taken on record on that date. This Court notes this submission and also notes that the submission of the petitioner appears by and large to be correct. It is stated that the last date fixed before the Family Court in August, 2016 and the matter now stands adjourned to January,

2017. The Family Court will dispose of the petition expeditiously; the object of the enactment of the Family Court Act was to ensure that there is speedy disposal of these cases and this should be adhered to by the learned Family Judge in true letter and spirit. If the petitioner moves an application seeking preponement of date, the same shall be considered wisely and as per the discretion of the Family Judge and hopefully the same shall be decided. A copy of this order be sent to the learned Family Judge.

Petition disposed of.

Order dasti.

INDERMEET KAUR, J AUGUST 29, 2016