In a writ petition under Article 227, the Patna High Court directed the Family Court to expedite a pending divorce trial, conclude the case early, and grant adjournments only upon verifying their bonafide nature.
Direction to the trial court to expedite the trial and conclude the case early; adjournments to be granted only if bonafide.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9147 of 2012
====================================================== 1. Anil Kumar Jain Son Of Late Kashi Prasad Jain Resident Of Machuatoli, Kali Asthan Danapur Post Office- Danapur Cantt. Police Station - Danapur, District - Patna (Bihar)
.... .... Petitioner/s Versus 1. The State Of Bihar Through Secretary, Department Of Law, Government Of Bihar, District - Patna 2. Reshmi Jain Wife Of Sri Anil Kumar Jain Resident Of Kali Asthan Danapur, Post- Danapur Cantt, Police Station - Danapur, District- Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kr. Singh & Mr. Vikash Kumar For the Respondent/s : Mr. Rajiv Kumar Singh Gp2 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 25-06-2013 Heard learned counsel for the petitioner and learned counsel for the State of Bihar. The only prayer which has been made in the present application under Article 227 of the Constitution of India is to issue appropriate direction for conclusion of the trial in Matrimonial ( Divorce) Case No. 273 of 2009 pending in the Court of learned Additional Principal Judge, Family Court, Patna within a reasonable period.
Learned counsel for the petitioner has submitted that the case is pending since 2009. He submits that the written statement was filed on 18.8.2009 itself. Witnesses on behalf of the petitioner were examined and discharged by the Court on
Patna High Court CWJC No.9147 of 2012 (2) dt.25-06-2013
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14.3.2012 and 30.3.2012 respectively. He further submits that the petitioner, seeking a decree of divorce, gave an application for closer of evidence on 30.3.3012.
Without going into the merits of the writ application, the only order which can be passed at the stage that the learned Additional Principal Judge, Family Court, Patna would make earnest endeavour to expedite the trial and conclude the case as early as possible and shall grant adjournments only if satisfied about the bonafide of such prayer.
With the above direction and observation, this application is disposed of.
(Chakradhari Sharan Singh, J)
Arun Kumar/-
2 issues framed by the court
Whether the trial court should make an earnest endeavour to expedite the pending matrimonial trial and conclude it early.
Whether adjournments in the pending trial should be granted only if satisfied about the bonafide of the prayer.
2 provisions across 1 enactments
Anil Kumar Jain
The State Of Bihar Through Secretary, Department Of Law
Reshmi Jain
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
