WPMS/2704/2012 of MAHESH JOSHI Vs SMT MEETA JOSHI on 31 December 2012

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.2704 of 2012 (M/S)

Mahesh Joshi

Smt. Meeta Joshi

Vs.

… Petitioner

…Respondent

Ms. Sangeeta Bhardwaj, Advocate for the petitioner Hon’ble B.S.Verma, J. (Oral)

By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the Principal Judge, Dehradun to decide the Original Suit No.159 of 2006, Mahesh Joshi vs. Smt. Meeta Joshi pending in the court of Principal Judge, Dehradun, as earliest as possible.

According to the petitioner, aforesaid suit was filed by the petitioner against the respondent for divorce on 20.04.2006. Since then more than six years have been elapsed but the suit is still pending for disposal.

Learned counsel for the petitioner drew attention of this Court towards section 21-B (2) of the Hindu Marriage Act, 1955, which reads as under:- “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”.

Considering the facts and circumstances that has been brought on record, I dispose of the writ petition directing the Principal Judge, Dehradun to decide the Original Suit No.159 of 2006, Mahesh Joshi vs. Smt.

Meeta Joshi, pending before him, as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of the order.

Rajni

(B.S.Verma,J.)31.12.2012