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1990 Supreme(All) 271

R.S.DHAVAN
DEVAKAR – Appellant
Versus
B. P. PANDEY – Respondent


Advocates Appeared:
Rajesh Tewari

RAVI S. DHAVAN, J.

( 1 ) THE petitioner husband and his wife Meera Jain have a marital discord and this is the subject matter of a divorce proceeding pending before the 8th Additional District and Sessions Judge, Muzaffarnagar. The proceedings are stretching and do not conclude. On this aspect in writ petition No. 10576 of 1989 : Devakr v. 8th Additional District and Sessions Judge, Muzaffarnagar, was disposed of and this court made observations thus :- "however, without entering into the merits and without inviting a counter-affidavit from the opposite party we dispose of this petition by directing that the suit may be disposed of within four months from the date a copy of this order is produced". Sd. R. M. S. Sd. R. P. S. 3-5-1989"

( 2 ) ). Since then the suit appears to be dragging on and has given an occasion to the husband petitioner to move this contempt petition to seek issue of notice to the 8th Additional District and Sessions Judge, Muzaffarnagar that he is violating the terms of this order as he was meant to have disposed of the suit within four months but he has not done so.

( 3 ) IF the delay was of the court below, this court would have called for the explanation of the






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