HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 3001 of 2025

29 October, 2025

Mukund Chaturvedi

--Petitioner

Versus

Malvika Chaturvedi

--Respondent

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Presence:-

Ms. Medha Pande, learned counsel for the petitioner.

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Hon'ble Pankaj Purohit, J.

This writ petition has been moved by the

petitioner, under Article 227 of the Constitution of India, seeking a direction to the learned 1^st Additional Principal Judge, Family Court, Dehradun to expedite the

Mukund Chaturvedi

proceedings of O.S. No.1103 of 2022,

vs. Malvika Chaturvedi

, under Section 13(1)(a)(ib) and

Section 26 of the Hindu Marriage Act, 1955, pending

before it, within a stipulated time frame.

2. It is contended by the learned counsel for the petitioner that the petitioner filed a divorce suit against the respondent-wife on the ground of cruelty on 08.09.2022. The respondent-wife was duly served with summons in Original Suit No. 1103 of 2022. Thereafter, the respondent-wife filed her written statement, and the petitioner also submitted his examination-in-chief. However, the respondent-wife has taken multiple adjournments before the learned Family Court, thereby delaying the divorce proceedings with the intention to needlessly harass the petitioner. It is further contended that the petitioner has been contesting the case for the

past three years and one month and has been attending the court regularly, but the respondent-wife is deliberately and intentionally prolonging the matter solely to harass the petitioner. It is also submitted that no cross-examination has taken place till date.

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 trial court for the expeditious disposal of O.S.

Mukund Chaturvedi vs. Malvika No.1103 of 2022, Chaturvedi.

6. Having considered the submissions of the learned counsel for the petitioner and upon 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 writ petition can be disposed-off with a direction to the learned trial court to decide the case 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.

7. Accordingly, the writ petition stands disposed-

off, in the above terms.

(Pankaj Purohit, J.)

29.10.2025 AK