- (1.) The crux of the facts, culminating in the commencement, relevant for the limited purpose of deciding the instant revision petition and emanating from the record, is that respondent-wife Payal Sarin filed a petition against her husband Sanjay Sarin petitioner, for dissolution of their marriage by a decree of divorce, invoking the provisions of section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act") at Chandigarh. The petitioner-husband has also filed a petition for restitution of conjugal rights under section 9 of the Act against her in the Court of Additional District Judge, Tis Hazari Courts, Delhi.
(2.) The respondent-wife moved a transfer application and the Hon'ble Supreme Court transferred the HMA case pending in Tis Hazari Courts, Delhi to the District Court, Chandigarh for trial alongwith the divorce petition, by means of order dated 15.11.2010, which, in substance, is (para 3) as under:- "Accordingly, these transfer petitions are allowed and case H.M.A.no.169/2007 (now numbered 25/2010) and Contempt Petition No.M- 09/2010 titled as "Sanjay Sarin vs. Payal Sarin" pending before Additional District Judge, Tis Hazari Courts, Delhi are ordered to be transferred to the District Court, Chandigarh. The District Court at Chandigarh to take up and dispose of the transferred cases alongwith the divorce petition (H.M.A.Petition No.339 of 2007) filed by the petitioner-wife pending on his file. It is stated that the divorce petition is at the stage of arguments. In view of it, we request the court at Chandigarh to expedite the hearing and trial of the case that is being transferred so that both cases can be disposed of by a common order. This will not come in the way of the matter being proceeded with in mediation."
(3.) Thereafter the transfer, the cases were not decided by the trial Judge expeditiously. In the wake of Civil Revision bearing No.4421 of 2011 filed by the respondent-wife, keeping in view the spirit of order of Hon'ble Apex Court, ages of the parties, nature of litigation, future of their children and totality of other facts & circumstances, this Court directed the trial Court to complete the trial of the aforesaid matrimonial cases within a period of four months, by way of order dated 18.8.2011.;