[2025:RJ-JP:37697] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10903/2025 1. Boduram S/o Shri Kanaram, Aged About 68 Years, R/o Village Sarna Dungar, Tehsil Kalwar, District Jaipur. 2. Madan Lal S/o Shri Boduram, R/o Village Sarna Dungar, Tehsil Kalwar, District Jaipur. 3. Nemichand S/o Shri Boduram, R/o Village Sarna Dungar, Tehsil Kalwar, District Jaipur. ----Petitioners Versus 1. Nathuram S/o Kanaram, Aged About 74 Years, R/o Village Sarna Dungar, Tehsil Kalwar, District Jaipur. 2. Jagdish Prasad S/o Nathuram, Aged About 49 Years, R/o Village Sarna Dungar, Tehsil Kalwar, District Jaipur. 3. Mohan Lal S/o Nathuram, Aged About 44 Years, R/o Village Sarna Dungar, Tehsil Kalwar, District Jaipur. 4. Roopnarayan S/o Nathuram, Aged About 42 Years, R/o Village Sarna Dungar, Tehsil Kalwar, District Jaipur. ----Respondents For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 16/09/2025 The present petition is filed seeking directions by this Court to the learned Court of Civil Judge and Judicial Magistrate, West, Jaipur Metropolitan-II for early disposal of case No. 322/2023. It is submitted that the Act of 1955 mandates under the provisions of Section 21B for adjudication of the matter before the Family Court or matrimonial disputes, within a period of six [2025:RJ-JP:37697] (2 of 3) [CW-10903/2025] months, as far as possible. For the sake of convenience relevant provision is reproduced herein below: “21B. Special provision relating to trial and disposal of petitions under the Act. 1. The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. 2. Every petition under this 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. 3. Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.” Learned counsel for the petitioners has submitted that by the aforementioned action, the mandate of Section 21B of the Act of 1955 along with the fundamental rights of the parties as enshrined under the provisions of Article 14 and 21, the encapsulated in the ratio of Ramrameshwari Devi Vs. Nirmala Devi: (2011) 8 SCC 249, and Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Patna: 1979 AIR 1369 is frustrated on account of slow functioning/ appropriate or expeditious working of the Family Court. In view of the foregoing facts and circumstances, this Court deems it appropriate to direct the learned Court of Civil Judge and Judicial Magistrate, West, Jaipur Metropolitan-II to adjudicate the case subjudice before it (case No.322/2023) as per the mandate of Section 21B of the Act of 1955. [2025:RJ-JP:37697] (3 of 3) [CW-10903/2025] Accordingly, the present petition is disposed of with aforementioned directions. Pending applications, if any, shall stand disposed of. Registrar (Judicial) is directed to send a copy of this order to the concerned Family Court. (SAMEER JAIN),J Pooja /38