Reena Seraik @ Aaradhya v. Sulabh Chhabra

2024:PHHC:047691

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2105-2024 (O&M) Date of decision : 08.04.2024 Reena Seraik @ Aaradhya ... Petitioner(s)

Versus

Sulabh Chhabra

...Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sachin Kalia, Advocate for Mr. R.S. Bajaj, Advocate for the petitioner.

ALKA SARIN, J. (ORAL) 1.

This is a revision petition under Article 227 of the Constitution of India for issuance of directions to the Family Court to expedite the hearing of the divorce petition.

2.

As per the dashboard of Family Court, Jalandhar available on the website of National Judicial Data Grid, there are 3667 cases pending before the Family Court concerned, out of which 1057 cases are 1 to 3 years old.

3.

Hon'ble Supreme Court in the case titled as High Court Bar Association, Allahabad Vs. State of U.P. & Ors. [2024 (2) RCR (Civil) 199] has held in para No.37(c) as under :

"37(c) Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the timebound disposal of cases only in exceptional Ankur Goyal 2024.04.09 10:06 I attest to the accuracy and integrity of this document

CR-2105-2024 (O&M) 2024:PHHC:047691 --2-- circumstances. The issue of prioritizing the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending"

4.

Faced with the above situations, learned counsel for the petitioner does not wish to press the prayer for time bound disposal of the divorce petition, however, he limits his prayer and states that the petitioner would be satisfied if the application under Section 24 of the Hindu Marriage Act, 1955 for grant of interim maintenance which has been pending since long is decided expeditiously as the petitioner has no source of income as she is not working.

5.

In view of the above, the present revision petition is disposed off with a request to the Family Court concerned to expedite the hearing of the application under Section 24 of the Hindu Marriage Act, 1955. Pending applications, if any, also stand disposed off. 08.04.2024 (ALKA SARIN) Ankur JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ankur Goyal 2024.04.09 10:06 I attest to the accuracy and integrity of this document