Kuldeep Singh vs Prabhjot Kaur
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Uttarakhand High Court

Kuldeep Singh vs Prabhjot Kaur on 28 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
            Writ Petition No. 914 of 2025 (M/S)
Kuldeep Singh                                         ..........Petitioner

                                      Vs.

Prabhjot Kaur                                         ...........Respondent
Present :   Mr. Mohd. Azim, Advocate for the petitioner.
            Mr. Mohd. Umar, for the respondent.


                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks directions that the

Matrimonial Case No.384 of 2024, Kuldeep Singh vs.

Prabhjot Kaur, under Section 13-B of the Hindu Marriage

Act, 1955 ("the Act"), pending in the court of Judge,

Family Court, Kashipur, District Udham Singh Nagar

("the case") be decided expeditiously.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioner would

submit that the parties stay abroad. Therefore, the matter

may be decided expeditiously.

4. In some cases when petitions for expeditious

disposal are preferred, the Court considers the

circumstances and at times observing that every court

should ensure expeditious disposal, matters are disposed

of. Rarely the courts fixes any time frame for disposal of a

case, but instance is a very strange case. When the

matter is taken up, on behalf of respondent also,

representation has been made. The chronology of the case

is as follows:-

a) On 07.09.2024, the petition under Section 13-B(1) of

the Act was preferred. When the court fixed

10.03.2025, the next date. On that date, the

petitioner filed his evidence. Evidence was closed

and the matter was fixed for argument on

18.03.2025.

b) On 18.03.2025, the counsel represented the parties

moved an adjournment application and 19.03.2025

was the date fixed.

c) On 19.03.2025 again, the parties appeared and

moved adjournment application and now, the date

fixed is 03.05.2025.

5. On the one hand, the petitioner is seeking

adjournment in the case and on the other hand, here is

an application for expeditious disposal of the case. This is

nothing, but totally abuse of the process of law. Such type

of petitions should be discouraged. Therefore, this Court

proposes to dismiss the instant petition with some costs.

6. The petition is dismissed with costs of

`20,000/-. The costs shall be deposited by the petitioner

within a period of three weeks from today. In case, if it is

not deposited, it shall be recovered as an arrears of land

revenue and Registry shall proceed to recover the same.

(Ravindra Maithani, J.) 28.03.2025 Sanjay