IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Gunjesh Kumar - Appellant
Versus
Prerna Kumari - Respondent
CM(M) 498 of 2022
Decided On : 29-08-2022
| Table of Content |
|---|
| 1. writ petition filed for expedited disposal. (Para 1) |
| 2. request for directions for speedy proceedings. (Para 2) |
| 3. court acknowledges family court backlog. (Para 3 , 4 , 5) |
| 4. petition disposed with expectation for expeditious conduct. (Para 6) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present writ petition has been filed with the following prayer:
"(a)Pass the order/orders in the favor of the Petitioner to Expedite for speedy disposal of the petition pending before the Ld. Principle Judge Family Court, South, Saket Court New Delhi under section 13(1)(1-a) in Case No. HMA 744/2020."
2. Learned counsel for the petitioner submits that appropriate directions may be issued for expeditious disposal.
3. Section 21 B of Hindu Marriage Act, 1955 provides that trial of the petition filed under the Hindu Marriage Act be continued from day to day so far as practicable.
4. However, this Court is cognizant of the huge pendency before the Family Courts.
5. This Court considers that no direction can be issued for expeditious disposal. However, it is expected of the learned Principal Judge, Family Court, that the proceedings are conducted as expeditiously as far as practicable.
6. With these observations, the present petition stands disposed of.
Divorce – Speedy disposal of divorce suit is mandate of law.
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 o....
Courts must not prioritize individual cases without exceptional justification amidst pending cases, ensuring both efficiency and fairness in judicial proceedings.
Delay in proceedings due to joint requests for adjournments to explore an amicable settlement may not warrant directions for expeditious disposal if the petitioner's request comes only after a signif....
Timely disposal of family court applications is mandated despite overall case backlogs.
The court has emphasized the need for timely resolutions in family court cases, supporting applications for expediting proceedings.
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