Dismissed

Gaurav Kumar Vaish v. Aditi Vaish

Punjab & Haryana HC13 Mar 2024CR/1009/2024

Case brief

AI extract

What is this about?

Petition under Article 227 sought directions to the Family Court, Gurugram for disposal of a matrimonial case within three months. Citing Supreme Court authority that constitutional courts should ordinarily refrain from time-bound disposal directions absent exceptional circumstances, and finding none made out, the court dismissed the petition.

What did the court decide?

None granted.

Gaurav Kumar Vaish Vs Aditi Vaish — Civil Procedure and Limitation | Punjab & Haryana HC (2024)

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2024:PHHC:036256

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125

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-1009-2024 (O&M) Date of decision : 13.03.2024

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Gaurav Kumar Vaish ... Petitioner(s) Versus Aditi Vaish ... Respondent(s)

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CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

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Present : Mr. Shreeyash U. Lalit, Advocate for the petitioner (through hybrid mode).

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ALKA SARIN, J. (ORAL)

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The present petition has been filed under Article 227 of the Constitution of India seeking issuance of a direction to the learned Principal Judge, Family Court, Gurugram for time-bound disposal of the case bearing HMA No.666 of 2023 titled as Gaurav Kumar Vaish Vs. Aditi Vaish preferably within a period of three months.

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The present petition has been filed by Ms. Simran Sharma, Advocate (Enrollment No.PH/4680/2022) and the Vakalatnama on record bears only her signatures. She has not appeared either through hybrid mode or physically. However, Mr. Shreeyash U. Lalit, Advocate has joined proceedings through hybrid mode and prayed for issuance of directions to the Family Court for a time-bound decision of the above-said case.

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As per the dashboard of Family Court, Gurugram available on

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Yogesh Sharma 2024.03.14 09:30 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

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2024:PHHC:036256

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CR-1009-2024 (O&M)

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-2-

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the website of National Judicial Data Grid, 2434 such cases are pending including more than 255 five years’ old cases and 738 three years’ old cases. Further, the Hon’ble Supreme Court in the case titled as High Court Bar Association, Allahabad Vs. State of U.P. & Ors. [2024 (2) RCR (Civil) 199] has held in para No.37(c) as under :

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“37(c) Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the timebound disposal of cases only in exceptional circumstances. The issue of prioritizing the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending”

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No exceptional ground has been made out in the present case for issuance of directions to dispose off the matter in a time bound manner. The present revision petition is, accordingly, dismissed. Pending applications, if any, also stand disposed off.

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13.03.2024 ( ALKA SARIN ) Yogesh Sharma JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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Yogesh Sharma 2024.03.14 09:30 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

Gaurav Kumar Vaish v. Aditi Vaish

Case brief

What is this about?

What did the court decide?

Gaurav Kumar Vaish v. Aditi Vaish

Case brief

What is this about?

What did the court decide?

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