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[2025:RJ-JP:44535] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12796/2025 Ajay Kumar S/o Shri Satish Kumar, Aged About 38 Years, Resident Of House No. 101, Sector 13, Phase 2, Hisar, Haryana - 125001 ----Petitioner Versus Smt. Prapati Singh Chouhan, Aged About 35 Years, Wife Of Shri Ajay Kumar D/o Sh. Prithviraj Singh Chouhan, Resident Of House No. 401, Sector-13, Phase-Ii, Hisar, Haryana-125001 At Present Plot No. 69, Swati Chatak, Officers Campus, Krishna Marg Lane No. 2, Sirsi Road, Vaishali Nagar, Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Navdeep Singh, Adv. For Respondent(s) : None present HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 06/11/2025
1. The present petition has been filed by the petitioner seeking direction by this Court to learned Family Court No.1, Jaipur Metropolitan, Jaipur for early disposal of the Divorce Petition No.541/2025.
2. It is submitted that the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act of 1955') mandates under the provisions of Section 21-B for adjudication of the matter before the Family Court or matrimonial disputes, within a period of six 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.-
[2025:RJ-JP:44535] (2 of 3) [CW-12796/2025] (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."
3.
Learned counsel for the petitioner has submitted that the mandate of Section 21-B of the Act of 1955 along with the fundamental rights of the parties as enshrined under the provisions of Article 14 and 21, encapsulated in the ratio of (1) Ramrameshwari Devi Vs. Nirmala Devi reported in (2011) 8 SCC 249 and (2) Hussainara Khatoon & Ors Vs. Home Secretary, State of Bihar, Patna reported in 1979 AIR 1369, is frustrated on account of slow functioning/ appropriate or expeditious working of the Family Court.
4. In view of the foregoing facts and circumstances, this Court deems it appropriate to direct the learned Family Court No.1, Jaipur Metropolitan, Jaipur to dispose of the Divorce Petition No.541/2025 as early as possible, in accordance with the provision laid down in Section 21-B of the Act of 1955.
5. Accordingly, the present petition is disposed of with aforementioned directions. Pending applications, if any, shall stand
disposed of.
[2025:RJ-JP:44535] (3 of 3) [CW-12796/2025]
6. Registrar (Judicial) is directed to send a copy of this order to the concerned Family Court.
(ASHUTOSH KUMAR),J AARZOO ARORA /63