IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT th ON THE 5 OF DECEMBER, 2025 MISC. PETITION No. 6470 of 2025 MAJOR AMIT PATHAK Versus POOJA PATHAK (SHARMA)

Appearance:

Shri Harshit Sharma - Advocate for petitioner.

ORDER

This petition, under Article 227 of Constitution of India, has been filed seeking the following relief (s):

“7: Relief prayed for: - It is therefore most respectfully praying, that the Hon’ble Court may kindly be pleased to allow the petition and direct the Learned Family Court to conclude the proceedings pending before the same at Case no. 47/2023 RCS HM expeditiously within 06 months from the date of the receipt of the order, if any passed in this behalf by the Hon’ble Court, whilst disposing the present petition and may kindly be pleased to pass such further & other order for expeditious disposal of case & such further relives/direction as the Hon’ble Court deems fit in the interest of justice.”

2. Learned counsel for petitioner submitted that petitioner is the husband of respondent and their marriage was solemnized on 29.04.2018. Due to some dispute, petitioner filed an application under Section 13 of Hindu Marriage Act, 1955 (for brevity “the Act”) at Etawah (U.P.). Thereafter, respondent/wife preferred Transfer Petition before the Hon'ble Apex Court for transferring the case from Etawah to Gwalior. By order dated 19.08.2021, the proceedings were stayed by the Hon'ble Supreme Court and by order dated 08.12.2022 Hon'ble Supreme Court ordered for transferring the case from Family Court, Etawah to Family Court, Gwalior. Thereafter, the case has been transferred to Family Court, Gwalior and registered as Case No.47/2023 RCS HM. Learned counsel for petitioner submitted that approximately and almost four years' and six months' time has elapsed from the initial date of filing of divorce case at Etawah. It is further submitted by learned counsel for petitioner that petitioner is a young Indian Army personnel, aged 37 years and for progression of better, dignified future life, it would be in the interest of both the parties that the matter be brought to its logical end at the earliest possible. Learned counsel for petitioner further submitted that sub-Section 2 of Section 21-B of the Act provides that “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”. Learned counsel for petitioner, therefore, prays that as per the statutory mandate prescribed under Section 21B of the Act, a direction to the family court may be granted to decide the divorce petition pending since 2020 within a period of six months.

3. Heard learned counsel for the petitioner and perused the record.

4. From perusal of record, it is apparent that after solemnization of marriage, due to emergence of some dispute between the parties, an application under Section 13 of the Act at Etawah (U.P.) came to be filed. Later, on an application having been filed by respondent/wife before Hon'ble Apex Court and in compliance of the order passed by the Hon'ble Apex Court on the said application, the matter was transferred to Family Court at Gwalior which is still pending consideration. True it is that divorce petition is pending since 2020 and pleadings are complete. Since it is the mandate of law that proceedings must be held on day diem basis and for prosecution of better and dignified life, it would be in the interest of the parties if the matter is brought to its logical end at the earliest. Therefore, the prayer made by petitioner for a direction to the family court for early disposal of the divorce petition appears to be reasonable.

5. Considering the facts and circumstances of the case and as per statutory mandate prescribed under Section 21B of the Act, this court is of the view that the prayer made in this petition appears to be reasonable and deserves t