Ashish Dhir v. Nishi Dhir

1. The petitioner has filed a petition seeking divorce on the ground of cruelty and desertion.

2. The limited prayer in the present petition is that the learned Trial Court be requested to expedite the disposal of the abovesaid petition, which was filed way back in the year 2013.

3. It has been also apprised that it was only on 2nd August, 2024 that the learned Judge Family Court had closed the right of the respondent-wife to file Written Statement and the matter is now listed for petitioner’s evidence.

4. During the course of consideration, it also came to fore that respondent-wife has also filed a petition under Section 9 of Hindu Marriage Act as well as petition seeking maintenance and according to the learned counsel for the petitioner, she deliberately did not pursue the same in the desired manner and these were repeatedly dismissed-in-default and thereafter CM(M) 3378/2024 2 on the applications moved in this regard, the same were restored.

5. According to the learned counsel for the petitioner since the right to file written statement in the divorce petition filed by the petitioner-husband has been closed in the month of August, 2024 only, there is an urgency as the petition was filed way back in the year 2013.

6. Be that as it may, it will not be possible to give any rigid time-frame to the learned Trial Court to dispose of the case. However, in view of the facts brought on record, indicating that even the right to file written statement was closed after 11 years and the case is already at the stage of petitioner’s evidence, it is expected that the learned Trial Court would make best endeavour to dispose of the case as expeditiously as possible.

7. Petition stands disposed of in aforesaid terms.

JUDGE SEPTEMBER 11, 2024