Hon'Ble Sharad Kumar Sharma vs Unknown
2023 Latest Caselaw 1189 UK

                      Office Notes,
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         Date                                       COURT'S OR JUDGES'S ORDERS
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      28.04.2023                        WPMS No. 1233 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Anil Anthwal, Advocate, for the petitioner.

The present petitioner is a plaintiff in a proceeding under Section 9 of the Hindu Marriage Act, being Suit No. 512 of 2020, Sri Valmiki Chaurasia Vs. Smt. Nandani, which has been sought to be decided expeditiously by the learned Family Court.

It is contended by the learned counsel for the petitioner, that the Section 21(B)(2) of the Act itself provides, that the proceedings under the Hindu Marriage Act, has to be decided as expeditiously as possible at least within the time provided in the said Section.

This writ petition would stand disposed of with a request to the Principal Judge, Family Court, Dehradun, to make all effort to decide the aforesaid Suit, as expeditiously as possible, but not later than the time, as prescribed under Section 21B(2) of the Hindu Marriage Act.

It goes without saying, that the expeditious disposal may not be construed to override the adherence of procedure, as it has been contemplated in para 18 of the judgment, rendered by the Hon'ble Apex Court in the matters of K.P. Sudhakaran and another Vs. State of Kerala and others, as reported in 2006 (5) SCC 386.

Subject to the aforesaid, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 28.04.2023 Mahinder/