JUDGEMENT
Mohammad Rafiq, J. -
(1.) THIS writ petition has been filed by the petitioner -husband contending that he filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955 read with Section 7 of Family Court Act, 1984 before Family Court No. 1, Jaipur (for short 'the Family Court') which was registered as Divorce Petition No. 563/2012. It is contended that after service, the respondent -wife put in appearance and sought time on 05.07.2014 for filing reply. Thereafter, she again sought adjournments on 22.08.2014 and 18.10.2014 for the same purpose. It is submitted that from the order sheets of the Family Court it would be revealed that the respondent -wife is causing delay in disposal of the divorce petition. The petitioner has filed the divorce petition on the ground of mental and physical cruelty and on account of pendency of the divorce petition, the petitioner is suffering a lot. It appears that the Family Court is not interested disposing off the matter at the earliest. It is submitted that the matter is pending before the Family Court since quite long time and the Family Court is adjourning the matter at the behest of the respondent for giving time for filing of the reply whereas more than sufficient opportunities have already been given to the respondent -wife for filing reply. Learned counsel for the petitioner has submitted that Section 21B(2) of the Hindu Marriage Act, 1955 provides that every petition under the 1955 Act, shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. Learned counsel for the petitioner has cited decision rendered by Coordinate Bench of this Court in the case of Rakesh Kumar @ Rocky Sachdeva vs. Judge Family Court, Alwar & Anr.,, 2013 (2) DNJ (Raj.) 643 and submitted that the Coordinate Bench of this Court in identical facts and circumstances, in terms of Section 21 -B(2) of the Hindu Marriage Act, 1955 directed the Family Court, Alwar to conclude the trial in the divorce petition within a period of sue months from the next date of hearing.
(2.) HAVING regard to the facts aforesaid, this writ petition is disposed of with direction to Respondent No. 1, Family Coup No. 1, Jaipur to conclude the trial in the divorce petition filed by the petitioner -husband expeditiously. Adjournment in the matter shall not be granted without just cause and only by a reasoned order on a proper application being filed for the purpose.;
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