The State Of Madhya Pradesh vs Yamini Dubey
2021 Latest Caselaw 4547 MP

THE HIGH COURT OF MADHYA PRADESH RP.622/2021 State of M.P. v. Yamini Dubey

Gwalior, Dated :23.08.2021

None for the parties.

A PUD dated 6.8.2021 has been received from Additional

Judge to the Court of Principal Judge (Family Court), Gwalior,

seeking extension of time to decide the trial. It is mentioned in the

PUD that the period of six months has already expired on 6.6.2021,

however, in view of the covid-19 pandemic, the regular hearing of

Court could not take place. Accordingly, it is prayed that period to

decide the trial be extended.

It appears that Smt. Yamini Dubey has filed Miscellaneous

Petition before this Court seeking direction to conclude the trial as

early as possible. The said Miscellaneous Petition was disposed of by

order dated 6.11.2020 passed in M.P. No. 2784/2020 with the

following observations:-

"Accordingly, it is directed that both the parties shall appear before the Family Court on the next date of hearing and thereafter, the Family Court shall fix the case for recording of evidence. The Family Court is directed to make every endeavour to decide the trial within a period of six months from the date of receipt of certified copy of this order".

The Court below has mentioned that the period of six months

has expired on 6.6.2021. The order sheets of the trial court have not

been sent along with the PUD. It is not known as to what steps were

taken by the trial Court to expedite the hearing.

THE HIGH COURT OF MADHYA PRADESH RP.622/2021 State of M.P. v. Yamini Dubey

Be that whatever it may be.

The supreme court in the case of Ankit Maheshwari v. State

of M.P by order dated 14.8.2020 passed in SLP (Cri)-11315/2019

has held that when there is direction on judicial side to the trial Court

to expedite the hearing of the trial, then the trial court is not expected

to keep the proceedings in abeyance on the basis of an administrative

order. In the light of the judgment passed by the Supreme Court in

the case of Ankit Maheshwari (supra), the registry of this Court has

also issued the guidelines that the administrative order issued on the

earlier occasion would not be applicable in those cases where a

direction has been given on judicial side. It appears that the trial

court by ignoring the law laid down by the Supreme Court in the case

of Ankit Maheshwari (supra) as well as the revised guidelines

issued by the Registry of this Court, suspended the hearing of the

case.

"The Principal Judge is directed apprise all the judges of

Family Court about the law laid down by the Supreme Court in the

case of Ankit Maheshwari (supra) as well as subsequent revised

guidelines issued by the Registry of this Court."

Since the trial did not proceed, therefore, this Court is left with

no other option but to extend the time.

Accordingly, the trial Court is directed to conclude the trial

positively within a period of six months irrespective of the fact that

THE HIGH COURT OF MADHYA PRADESH RP.622/2021 State of M.P. v. Yamini Dubey

whether any administrative order has been issued by the registry of

this Court, thereby suspending the normal functioning or not.

The office is directed to immediately communicate the order to

Principal Judge, Family Court and Trial Court for necessary

information and compliance.

with aforesaid observations, this PUD is finally disposed of.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

RAHMA COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6 fe547304e1bc26d2b510cc133f1b56faa

N 63e77b, cn=ABDUR RAHMAN Date: 2021.08.24 10:43:03 -07'00'