Abhishek Narula v. The Learned Presding Officer And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 25.07.2022 Abhishek Narula ......Petitioner Vs The Learned Presiding Officer and another .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present: Mr. Neeraj Kumar Narula, SPA Holder of the petitioner.

Mr. Anshul Gupta, Advocate for respondent No.2.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner has preferred this writ petition for the issuance of an appropriate direction to the Principal District Judge (Family Court), Panchkula to decide the pending petition under Section 12 of the Hindu Marriage Act for annulment of marriage by decree of nullity at the earliest. Mr. Neeraj Kumar Narula, SPA Holder of the petitioner submits that HMA No.1088/2017 titled Abhishek Narula Vs. Savita was filed in the Court at Principal District Judge (Family

 Court), Gurugram and the case was returned only at the evidence stage. About 5 years have gone by before the Court at Gurugram and now the case is pending before the competent Court at Panchkula on being returned by Principal District Judge (Family Court), Gurugram. The case has been presented before the Principal District Judge (Family Court), Panchkula in the month of May.

Mr. Neeraj Kumar Narula, SPA Holder of the petitioner submits that keeping in view the pendency of the issue for the last about 5 years, the issue has to be decided on merits by Principal District Judge (Family Court), Panchkula at the earliest.

As per Section 21B of the Hindu Marriage Act, the trial of a petition under Hindu Marriage Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. Every petition under the Hindu Marriage Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service.

Learned counsel for respondent No.2 has no objection to the early disposal of the case.

 Since the petition has been preferred in the competent Court at Panchkula afresh, therefore, without commenting upon merits of the case, it would be just and appropriate to request the Principal District Judge (Family Court), Panchkula to make earnest effort to decide the issue by giving short adjournments and make positive efforts to decide the same at the earliest keeping in view the period of five years that has been consumed in the Court at Gurugram.

Disposed of.

(RAJ MOHAN SINGH) 25.07.2022 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No