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2026 DAILYLAW 4429 (UTT)

NEELAM SHAH v. STATE OF UTTARAKHAND

WPMS/1154/2026 · 2026-04-29

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:3277 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 29.04.2026 WPMS No. 1154 of 2026 Hon’ble Rakesh Thapliyal, J. Mr. Tejas Agarrwal, learned counsel for the petitioner. 2. By the instant writ petition, the petitioner is praying for the following reliefs:- “i. Issue a writ, order or direction to the Ld. Family Judge, Kotdwara, Pauri Garhwal to decide, the Original Civil Suit No. 102 of 2024, Smt. Neelam Shah Vs. Shri Vatan Kumar under section 13(1)(i-a) of H.M.A, 1955 pending before the Ld. Family Court, Kotdwara, Pauri Garhwal, expeditiously. ii. Pass any other and further orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iii. Award the cost of writ petition to the petitioner.” 3. The relief as sought in the writ petition appears to be innocuous. 4. It is contended by the learned counsel for the petitioner that the suit was filed in the year 2024, however, the defendant, who is the husband of the plaintiff adopting the delaying tactics and even he has not filed the written statement. The order-sheet has also been enclosed, from which, it reveals that though the suit was filed in the year 2024, the written statement has not been filed. 2026:UHC:3277 5. Since the matter is a matrimonial one. Therefore, the Judge, Family Court, Kotdwar, Pauri Garhwal is directed to expedite the proceedings, if other side is not turn up and adopting the delaying tactics and the suit can be proceeded ex- parte. 6. Taking into the consideration the suit is pending since 2024, the Family Court, Kotdwar, District Pauri Garhwal is directed to expedite the Suit No. 102 of 2024, “Smt. Neelam Shah Vs. Shri Vatan Kumar” positively within a period of three months from the date of production of certified copy of this order. (Rakesh Thapliyal, J.) 29.04.2026 Shiv/Pant