Tarun Chandiok & Anr. vs State
2014 Latest Caselaw 6200 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: November 26, 2014

+     CM(M) 1049/2014 & C.M. No.19451/2013
      TARUN CHANDIOK & ANR.                     ..... Petitioners
                  Through: Mr. Rakesh Tikku, Senior
                            Advocate with Mr. Mahir Malhtora
                            & Ms. Medha Sachdev, Advocates
                            with petitioner in person
                            Mr. Dhruv Sharma, Advocate for
                            petitioner No.2

                          versus

      STATE                                               ..... Respondent
                          Through:       Nemo.

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

Impugned order of 3rd November, 2014 refuses to pre-pone the date of hearing. To obtain divorce by mutual consent, second motion petition under Section 13 B (2) of The Hindu Marriage Act, 1955 has been filed on 28th August, 2014 by petitioners and it was listed before the concerned family court on 2nd September, 2014. The learned trial court has adjourned the said petition to 19th February, 2015 for recording of statement of the parties. Impugned order notes that petitioner may migrate after giving power of attorney and heavy pendency is the reason put-forth for refusal to pre-pone the date of hearing.

C.M.(M) 1049/2014 Page 1 Learned senior counsel for petitioner submits that if heavy pendency is the issue, then the court concerned ought to bring it to the notice of this Court on the administrative side and ought not to be adamant by giving strictures and instead of taking a theoretical approach, a practical approach ought to have been adopted by the concerned family court.

Upon hearing, I find substance in the stand taken on behalf of petitioners. Matters in which a party has to migrate has to be taken on priority and if there is heavy pendency, then it must be brought to the notice of this Court on administrative side. Rejection of petitioners' application for pre-ponement of date of hearing is unwarranted. Impugned order of 3rd November, 2014 is set aside and the concerned family court is directed to take up petitioner's second motion mutual consent petition under Section 13 B (2) of The Hindu Marriage Act, 1955 for hearing and disposal on 6th December, 2014.

With aforesaid directions, this petition is disposed of. Dasti.

                                                            (SUNIL GAUR)
                                                              JUDGE
NOVEMBER 26, 2014
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C.M.(M) 1049/2014                                                    Page 2