Jatin Vashisht v. Seema

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-3071-2021 (O&M) Date of Decision: December 23, 2021 Jatin Vashisht

...Petitioner

VERSUS

Seema

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Ms.Shanika Khurmi, Advocate Mr.Manish Soni, Advocate for the petitioner.

**** ARCHANA PURI, J.

The matter has been taken up through video conferencing in the light of COVID-19 pandemic.

The instant petition has been filed for issuance of an appropriate direction to the learned Principal District Judge, Family Court, Gurugram, to expedite the proceedings in petition No.HMA-1431-2019 dated 31.10.2019 titled as 'Jatin Vashisht vs. Seema'. The present petition has been filed at the instance of the petitioner, who is husband, thereby asserting that he is aggrieved of the delay tactics, adopted by the respondent-wife, in the proceedings initiated by him, for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act. It is submitted by learned counsel for the petitioner that on account of attitude of respondent-wife, the proceedings VINEET GULATI 2021.12.23 17:21 I attest to the accuracy and authenticity of this document Chandigarh are running a snail's pace and matter is being delayed without any reason or

CR-3071-2021 -2rhyme. It is submitted that even though, the petition was filed in the month of October 2019 but however, for filing of the written statement, the case had been adjourned, several times and it was only on 28.09.2021, after availing several opportunities, that the written statement has been filed. In the light of the same, a prayer has been made for issuance of direction to decide the case expeditiously, in time bound manner. However, it is pertinent to mention that the divorce petition in hand, was filed on 31.10.2019 and soon thereafter, there was outcome of pandemic situation. It has to be taken into account that on account of restricted working of the Courts, not much work was conducted in the cases pending in the lower Courts. Precisely, on this account, much delay has taken place.

This Court is conscious of the emotional fragmentation of the parties in the matrimonial cases and the delay caused, does lead it to more pain and agony. But however, at the same time, we have to see that on account of pandemic situation and restricted working of the Courts, some delay has though taken place but however, no such direction, as such, can be given to the concerned Court, to expedite the matter and decide the same in a time bound manner. However, it is expected and desired that the family Court Judge shall make an endeavour to expedite the case and not to adjourn the matter, without any substantial reason as far as possible, keeping in view the objects and reasons of the Family Court Act and instructions, issued from time to time by this Court. Accordingly, the present revision petition stands disposed of.

December 23, 2021 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2021.12.