The central legal point established in the judgment is the obligation of the court to adhere to the provisions of Sec. 21(b) of the Hindu Marriage Act, 1955, which mandates the expeditious disposal of petitions and the conclusion of the trial within six months from the date of service of notice of the petition on the respondent.

Headnote:
Hindu Marriage Act - Disposal of Petition - The court directed the lower court to dispose of the petition for dissolution of marriage within six months as per the provisions of Sec. 21(b) of the Hindu Marriage Act, 1955.
Fact of the Case:

The petitioner filed a petition for dissolution of marriage in 2021, but the court below did not proceed with the matter, leading to delay in the disposal of the petition.
Finding of the Court:

The court found that the delay in disposing of the petition was in violation of the provisions of Sec. 21(b) of the Hindu Marriage Act, 1955, which mandates the trial of a petition to be continued from day to day until its conclusion and to be concluded within six months from the date of service of notice of the petition on the respondent.
Issues: Delay in disposal of the petition, urgency expressed by the petitioner, and the court's obligation to adhere to the provisions of Sec. 21(b) of the Hindu Marriage Act, 1955.
Ratio Decidendi: The court's decision was influenced by the interpretation of Sec. 21(b) of the Hindu Marriage Act, 1955, which emphasizes the expeditious disposal of petitions and the obligation to conclude the trial within six months from the date of service of notice of the petition on the respondent.
Final Decision: The court directed the lower court to dispose of the petition vide H.M.O.P.No. 45 of 2021 on merits as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of the order.

JUDGMENT

K.MANMADHA RAO, J. - The present Civil Revision Petition is filed seeking a direction for disposal of the petition in H.M.O.P.No.45 of 2021 on the file of the Court of the Senior Civil Judge, Gooty, (in short "the court below') at the earliest.

2. The petitioner herein has filed H.M.O.P.No. 45 of 2021 before the court below for dissolution of marriage between the petitioner and respondent that took place on 15/2/2017, since the date of filing of the petitioner, the same has been kept under enquiry, though the petitioner reported ready in the matter, but the respondent has been procrastinating the petition. Till today the said petition has not been disposed of. Therefore the present revision came to be filed.

3. Heard Mr. A. Syam Sundar Reddy, learned counsel for the petitioner.

4. Learned counsel for the petitioner would contend that the court below posted the matter for enquiry and granted adjournments and the respondent also successfully dodging the matter by taking advantage of granting adjournments by the court below. The petitioner also expressed urgency in the matter, but the court below went on granting adjournments ignoring the urgency in the matter, which explained in the affidavit of the petitioner. Any amount of prejudice will be caused, if the petition is not decided on merits within six months. Further the respondent also did not take steps to proceed with the matter. Hence, requested to pass appropriate orders in the revision.

5. Perused the record.

6. During hearing learned counsel for the petitioner drawn the attention of this Court with regard to proviso under Sec. 21(b) of Hindu Marriage Act, 1955, which reproduced hereunder:

"21B. Special provision relating to trial and disposal of petitions under the Act - (1) The trial of a petition under this 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.

(2) Every petition under this 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 of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.)

7. It is further contended that as per the aforesaid provision would clearly shows that the petition has to be decided within six months from the date of institution of the petition.

8. Learned counsel for the petitioner has expressed urgency in the matter as the petition has been filed in 2021, since then no progress took place and it is coming up for enquiry. In support of his contention, the docket proceedings of the petition filed along with Memo dtd. 15/11/2023.

9. Since the petition is of the year 2021, the court below did not take any steps to proceed with the petition, though time has been elapsed i.e statutory period as per provisions cited supra. Therefore no prejudice would be caused to any of the party, if it is disposed of at the stage of admission.

10. As such, this Court is inclined to pass the following order:-

The court below is directed to dispose of the petition vide H.M.O.P.No. 45 of 2021 on merits as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of a copy of this order.

11. With the above direction, the C.R.P is disposed of at the stage of admission. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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