HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.3419 of 2025

10th December, 2025 Shri Ashutosh Rana …………Petitioner Versus Swati Khandari ………..Respondent ----------------------------------------------------------------------

Presence:-

Mr. Dharmendra Barthwal, Advocate for the petitioner.

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Hon’ble Pankaj Purohit, J. (Oral)

By means of the present writ petition filed under Section 227 of the Constitution of India, petitioner-husband has sought indulgence of this Court for a direction to learned Principal Judge, Family Court, Dehradun, to decide and expedite the Original Suit No.1199 of 2023, Smt. Ashutosh Rana Vs. Smt. Swati Kandari, as early as possible or within a fixed period.

2. It is contended by the learned counsel for the petitioner that the petitioner-husband filed a Original Suit (Divorce Suit) No.1199 of 2023, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”), against the respondent-wife on the ground of cruelty and desertion on 30.10.2023. On 26.10.2024 respondent- wife filed her written statements along with an Application under Section 24 of the Act. It is further contended by him that the suit is pending since

2023.

husband 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 21-B of the Act, 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.1199 of 2023, Smt.

Ashutosh Rana Vs. Smt. Swati Kandari.

6. Having considered the submissions made of the aforesaid Rules as well as the relevant provisions of the Act, this Court is of the view that 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 stands disposed-off, with a direction to the learned Principal Judge, Family Court, Dehradun to decide the Original Suit No.1199 of 2023, Smt. Ashutosh Rana Vs. Smt. Swati Kandari, strictly in accordance with the aforesaid Rules and the mandate under Section 21B of the Act, expeditiously, but not later than six months without granting undue adjournments to either parties.

(Pankaj Purohit, J.)

10.12.2025 SK