Citation : 2026 Latest Caselaw 2439 UK
Judgement Date : 27 March, 2026
2026:UHC:2165
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
27th MARCH, 2026
WRIT PETITON NO.727 of 2026 (M/S)
Mr. Pem Tshering .....Petitioner
Versus
Mrs. Punam Tshering ....Respondent
Counsel for the Petitioner : Mr. Priyanshu Gairola,
Advocate.
Hon'ble Alok Kumar Verma,J.
Mr. Priyanshu Gairola, learned counsel for the
petitioner.
2. Mr. Priyanshu Gairola, Advocate, submitted
that the petitioner, aged about 61 years, is a cancer
patient. He has filed a divorce petition under Section
27(1)(b) and (d) of the Special Marriage Act, 1954
(Case No.252 of 2024, "Mr. Pem Tshering Vs. Mrs.
Punam Tshering"), whereas the respondent has filed a
suit for restitution of conjugal rights (Case No.344 of
2023, "Mrs. Punam Tshering Vs. Pem Tshering") under
Section 22 of the Special Marriage Act, 1954. Both the
said cases are pending before the Court of Ist
Additional Principal Judge, Family Court, Dehradun.
Both the cases are consolidated. The respondent is
2026:UHC:2165 deliberately delaying the proceedings of Case No. 344
of 2023 by not filing her examination-in-chief since
22.07.2024. Therefore, the petitioner has filed this writ
petition under Article 227 of the Constitution of India to
direct the learned Ist Additional Principal Judge, Family
Court, Dehradun to decide the case no. 344 of 2023
expeditiously.
3. In the facts and circumstances of the case,
the learned Ist Additional Principal Judge, Family Court,
Dehradun is directed to expedite the proceedings of
Case No. 252 of 2024, "Mr. Pem Tshering Vs. Mrs.
Punam Tshering" and the proceedings of Case No.
No.344 of 2023, "Mrs. Punam Tshering Vs. Pem
Tshering" and decide the same expeditiously, as per
law, without granting any unnecessary adjournment to
either party.
4. The present Writ Petition (WPMS No.727 of
2026) is disposed of accordingly.
5. It is made clear that this Court has not
expressed any opinion on the merit of the case.
___________________ ALOK KUMAR VERMA, J.
Date: 27.03.2026 Shiv/
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