Uttarakhand High Court
WPMS/2221/2009 of DR DEVESH LOSHALI Vs DR SMT SEEMA LOSHALI on 30 December 2009
COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2221 of 2009 (M/S) Dr. Devesh Loshali, S/O Shri Jag Mohan Nath Loshali, R/O Fatta Bangar, P.O. Arjunpur, Haldwani, District Nainital. Petitioner. Versus Dr. (Smt.) Seema Loshali, W/O Dr. Devesh Loshali, R/O Dena Hospital, Denapani, Almora,
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2221 of 2009 (M/S)
Dr. Devesh Loshali, S/O Shri Jag Mohan Nath Loshali, R/O Fatta Bangar, P.O. Arjunpur, Haldwani, District Nainital.
Petitioner.
Versus
Dr. (Smt.) Seema Loshali, W/O Dr. Devesh Loshali, R/O Dena Hospital, Denapani, Almora, District Almora.
Respondent.
Sri T.A.Khan, Advocate, learned counsel for the petitioner.
Date December 30, 2009.
Hon’ble B.S.Verma, J.
Heard learned counsel for the petitioner and perused the record.
The only prayer made in this writ petition is that the Principal Judge, Family Court Nainital be directed to decide the divorce petition bearing No. 85 of 2008 between the parties expeditiously.
According to the petitioner, the petitioner filed a divorce petition bearing No. 85 of 2008 under Section 13 of the Hindu Marriage Act against the respondent, in the court of Principal Judge, Family Court Nainital on 31-7-2008. After filing written statement, the respondent took several adjournments and she did not appear on 25-6-2009. The case proceeded ex parte against her. The order was recalled on 13-8-2009. The respondent has filed a transfer application before this Court, which is still pending. The respondent is adopting dilatory tactics to prolong the litigation.
In the above facts and circumstances of the case, the Principal Judge, Family Court Nainital is directed to decide the divorce petition (No. 85 of 2008 Dr. Devesh Loshali Vs. Dr. Seema Loshali) expeditiously, preferably within a period of six months from the date of production of certified copy of this order. Unnecessary adjournments shall be avoided in the case and both the parties shall co-operate in the speedy decision of the case.
With the above direction, the writ petition is disposed of finally.
( B.S.Verma, J. )