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C.M.(M) 1049/2014 Page 1
HIGH COURT OF DELHI
Date of Decision: November 26, 2014
HIGH COURT OF DELHI
Date of Decision: November 26, 2014
CM(M) 1049/2014 & C.M. No.19451/2013
TARUN CHANDIOK & ANR. ..... Petitioners
Through: Mr. Rakesh Tikku, Senior Advocate with Mr. Mahir Malhtora
& Ms. Medha Sachdev, Advocates with petitioner in person
Mr. Dhruv Sharma, Advocate for petitioner No.2
TARUN CHANDIOK & ANR. ..... Petitioners
Through: Mr. Rakesh Tikku, Senior Advocate with Mr. Mahir Malhtora
& Ms. Medha Sachdev, Advocates with petitioner in person
Mr. Dhruv Sharma, Advocate for petitioner No.2
VERSUS
STATE ..... Respondent
Through: Nemo.
Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(ORAL)
Impugned order of 3rd November, 2014 refuses to pre-pone the date of hearing. To obtain divorce by mutual consent, second motion petition under Section 13 B (2) of The Hindu Marriage Act, 1955 has been filed on 28th August, 2014 by petitioners and it was listed before the concerned family court on 2nd September, 2014. The learned trial court has adjourned the said petition to 19th February, 2015 for recording of statement of the parties. Impugned order notes that petitioner may migrate after giving power of attorney and heavy pendency is the reason put-forth for refusal to pre-pone the date of hearing.
2014:DHC:6434
Impugned order of 3rd November, 2014 refuses to pre-pone the date of hearing. To obtain divorce by mutual consent, second motion petition under Section 13 B (2) of The Hindu Marriage Act, 1955 has been filed on 28th August, 2014 by petitioners and it was listed before the concerned family court on 2nd September, 2014. The learned trial court has adjourned the said petition to 19th February, 2015 for recording of statement of the parties. Impugned order notes that petitioner may migrate after giving power of attorney and heavy pendency is the reason put-forth for refusal to pre-pone the date of hearing.
2014:DHC:6434
C.M.(M) 1049/2014 Page 2
Learned senior counsel for petitioner submits that if heavy pendency is the issue, then the court concerned ought to bring it to the notice of this Court on the administrative side and ought not to be adamant by giving strictures and instead of taking a theoretical approach, a practical approach ought to have been adopted by the concerned family court.
Upon hearing, I find substance in the stand taken on behalf of petitioners. Matters in which a party has to migrate has to be taken on priority and if there is heavy pendency, then it must be brought to the notice of this Court on administrative side. Rejection of petitioners’ application for pre-ponement of date of hearing is unwarranted.
Impugned order of 3rd November, 2014 is set aside and the concerned family court is directed to take up petitioner’s second motion mutual consent petition under Section 13 B (2) of The Hindu Marriage Act, 1955 for hearing and disposal on 6th December, 2014.
With aforesaid directions, this petition is disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
NOVEMBER 26, 2014 r 2014:DHC:6434
Learned senior counsel for petitioner submits that if heavy pendency is the issue, then the court concerned ought to bring it to the notice of this Court on the administrative side and ought not to be adamant by giving strictures and instead of taking a theoretical approach, a practical approach ought to have been adopted by the concerned family court.
Upon hearing, I find substance in the stand taken on behalf of petitioners. Matters in which a party has to migrate has to be taken on priority and if there is heavy pendency, then it must be brought to the notice of this Court on administrative side. Rejection of petitioners’ application for pre-ponement of date of hearing is unwarranted.
Impugned order of 3rd November, 2014 is set aside and the concerned family court is directed to take up petitioner’s second motion mutual consent petition under Section 13 B (2) of The Hindu Marriage Act, 1955 for hearing and disposal on 6th December, 2014.
With aforesaid directions, this petition is disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
NOVEMBER 26, 2014 r 2014:DHC:6434