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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




The court recognizes the pendency in Family Courts but cannot mandate expedited hearings for divorce proceedings under the Hindu Marriage Act.

Headnote:(A) Hindu Marriage Act, 1955 - Section 21B - Writ petition for expeditious disposal of family court proceedings - Petition regarding a divorce under Section 13(1)(1-a) expressed the need for prompt adjudication due to the backlog in Family Courts; however, no binding direction can be issued for expeditious hearings. (Paras 3, 5)

(B) Family Courts - Pendency of cases - The court recognizes the backlog of cases in Family Courts and stresses the expectation for proceedings to be conducted swiftly, although no legal mandate can enforce this. (Para 5)

Facts of the case:
The petitioner sought an order for the speedy disposal of a divorce petition pending in the Family Court as permitted under Section 21B.

Findings of Court:
The court acknowledged the heavy caseload in Family Courts but refrained from mandating expedited procedures, emphasizing the need for efficiency within practical limits.

Issues: The main issue was whether the court could direct expeditious disposal of the pending divorce petition amid the backlog in Family Courts.

Ratio Decidendi: The court ruled that while understandings of urgency exist, no compulsory timeline can be set for Family Court proceedings due to existing backlogs and logistical limitations.

Result: Petition disposed of.

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.

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