IMPORTANT POINT
Divorce – Speedy disposal of divorce suit is mandate of law.

JUDGMENT (ORAL)

By means of the present writ petition filed under Section 227 of the Constitution of India, petitioner has sought the indulgence of this Court for a direction to learned Principal Judge, Family Court, Dehradun to decide and expedite the Original Suit No.1229 of 2023 Smt. Nimme Rawat Vs. Shri Bharat Grover, pending in the Court of learned Principal Judge, Family Court, Dehradun, as early as possible or within a fixed period.

2. It is contended by the learned counsel for the petitioner that the petitioner-wife filed a divorce suit under Section 13(1)(ia) of the Hindu Marriage Act, against the respondent-husband on the ground of cruelty on 06.11.2023. The respondent-husband was served with summons in Original Suit No.1229 of 2023 and put in appearance on 30.01.2024. Written statement has been filed by the respondent-husband on 08.07.2024, however, the respondent-husband wanted to file additional written statement. 1 It is further contended by him that the suit is pending since 2023 and the proposed written statement is yet to be filed.

3. The learned counsel for the petitioner further submits that the High Court of Uttarakhand has framed “The Uttarakhand Case Flow Management (for Subordinate Courts) Rules, 2009” by exercising its powers under Article 227 of the Constitution of India. Under Rule 3 of the aforesaid Rules categorization has been made as Track Nos.1, 2 and 3 of the aforesaid Rules. Rule 3(2) of the Rules provides that the Presiding Officer shall endeavor to dispose-off cases under Track 1 within one year, and under Tracks 2 and 3 within two and three years, respectively, from the date of appearance or deemed appearance of the respondent/defendant (opposite party). The case of the petitioner falls in Track 1 being a matrimonial case and shall be endeavoured to be decided within one year.

4. Apart from this, it is also submitted by the learned counsel for the petitioner that Section 21B of the Hindu Marriage Act, 1955, mandates that matrimonial cases be decided expeditiously, preferably within six months from the date of service.

5. Relying upon the above-mentioned Rules and statutory provision, the learned counsel for the petitioner submits that an appropriate direction may be issued to the learned Trial Court for expeditious disposal of Original Suit No.1229 of 2023, Smt. Nimme Rawat Vs. Shri Bharat Grover. 2

6. Having considered the submissions made by learned counsel for the petitioner and on perusal of the aforesaid Rules as well as the relevant provisions of the Hindu Marriage Act, 1955, this Court is of the view that the ends of justice would be met, if the learned Trial Court is directed to decide the aforesaid Original Suit expeditiously.

7. In view of the above, the present writ petition is disposed of, with a direction to the learned Principal Judge, Family Court, Dehradun to decide the Original Suit No.1229 of 2023 Smt. Nimme Rawat Vs. Shri Bharat Grover, strictly in accordance with the aforesaid Rules and the mandate under Section 21B of the Hindu Marriage Act, 1955, expeditiously, without granting undue adjournments to either party.