Uttarakhand High Court
Ramesh Kumar Arora vs Smt. Meena Arora on 3 February, 2016
Author: U.C.Dhyani
Bench: U.C.Dhyani
WPMS No. 245 of 2016 Hon'ble U.C.Dhyani, J.
Mr. Dharmendra Barthwal, present for the writ petitioner.
By means of present writ petition, the petitioner prays for the following relief, among others:
"Issue a writ, order or direction in the nature of mandamus directing the Principal Judge, Family Court, Dehradun to here and decide Original Suit No. 631 of 2014, Ramesh Kumar Arora vs. Meera Arora, as expeditiously as possible."
Speedy justice is one of the fundamental rights of a person guaranteed under the Constitution of India. It does not lie in one's mouth to say that any lis pending in any court should not be decided at the earliest possible date. It is on account of this reason the notice is not being sent to the respondent.
While disposing of the present writ petition summarily at the threshold, this Court is simply reminding the Trial Court, of the provisions contained in Sub-Section (2) of Section 21-B of The Hindu Marriage Act, 1955, which are as follows:
"21-B. Special provisions relating to trial and disposal of petitions under the Act- (1).....................
(2) 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.
(3)......................."
It is accordingly provided that the Principal Judge, Family Court, Dehradun shall make an endeavour to decide the aforesaid Original Suit No. 631 of 2014 at an early date.
[ (U.C.Dhyani, J.) 03.02.2016 Kaushal