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2025 DAILYLAW 24600 (RAJ)

PRASANT YADAV S/O SHRI PRAHLAD YADAV v. KOMAL YADAV D/O HEERALAL YADAV

WMAP/314/2025 · 2025-07-15

Anil Kumar Upman

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 314/2025 IN S.B. Civil Writ Petition No.8052/2025 Komal Yadav W/o Prashant Yadav D/o Heeralal Yadav, Aged About 28 Years, R/o Khaliyano Ki Bagichi, Ambika Colony Tonk, Tehsil And District Tonk Rajasthan, At Present Under Training At Jodhpur. ----Petitioner Versus Prasant Yadav S/o Shri Prahlad Yadav, Aged About 33 Years, R/o Village Jawali, Tehsil Peeplu, District Tonk, Rajasthan. ----Respondent For Petitioner(s) : Mr. Atul Kumar Jain For Respondent(s) : -- HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/07/2025 Amended cause title has been filed today. Same is taken on record. The instant misc. application has been filed on behalf of the applicant wife for modification of the order dated 26.05.2025 passed in S.B. Civil Writ Petition No.8052/2025. Learned counsel for the applicant wife submits that while disposing of the aforesaid writ petition, directions were issued to the Family Court, Tonk Rajasthan to take necessary steps and make endeavor to conclude the proceedings of the divorce petition expeditiously keeping in view of the mandate of Section 21B of the Hindu Marriage Act. It was also directed that unnecessary (2 of 2) [WMAP-314/2025] adjournments on casual grounds be avoided and proceedings may be conducted on day to day basis. Learned counsel submits that the applicant wife also wishes for expeditious disposal of the divorce petition. He, however, submits that in pursuance of the directions passed by this Court, the family court is posting the divorce petition on day to day basis, due to which, the applicant wife has to appear before the concerned court for attending the proceedings, which is causing great inconvenience and mental as well as financial loss to her being female. He further submits that the applicant wife being female, attends the court proceedings accompanying with male member of her family. In these circumstance, he prays that the instant application may be allowed and the order dated 26.05.2025 may be modified. Considering the aforesaid submission, it is deemed appropriate to accept the prayer for modification. Hence, the instant application is allowed. Learned Family Court is directed to conduct proceedings of the divorce petition, in such a manner that unnecessary adjournments may not be given in the matter and as per the convenience of both the parties, the divorce petition be listed at least thrice in a month with a view to conclude the proceedings expeditiously. (ANIL KUMAR UPMAN),J GAUTAM JAIN /733