Ashma Qureshi v. Washim Qureshi

Shri Purnendra Khichariya, Advocate. ... Respondent(s) Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board

06.05. 202 6

The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner seeking limited prayer for a direction to the trial court to expedite the trial of Civil Suit No.A/15/2024 (Old No.154-A/2019) pending before District Judge, Sarangarh, District Sarangarh-Bilaigarh.

Learned counsel for the petitioner would submit that the petitioner is defendant before the trial court. The respondent filed an application for 2 a decree of dissolution of their marriage under the relevant provisions of Dissolution of Muslim Marriages Act, 1939. The said suit was filed on

15.07.2019. Earlier the suit filed by the plaintiff was decreed exparte vide its judgment and decree dated 30.10.2021 passed by the Family Court, Baloda Bazar. The said exparte decree was challenged by the present petitioner by filing FA(MAT) No.07/2022 before this court and the Division Bench of this court vide its judgment and decree dated

26.07.2023 set aside the exparte judgment and decree and the matter was remitted back to the trial court for deciding afresh after giving opportunity of hearing to the parties and to file their written statement. After remitting back the matter, the case was again sent to Family Court Baloda Bazar, however, vide order dated 11.12.2023 the case was transferred to Family Court Raigarh which was the jurisdictional court in the subject matter. Vide order dated 02.04.2024 under the distribution order it was received by the District Judge Sarangarh where the matter is pending since then. The petitioner is facing trial since 2019 and till now the proceeding of the case could not be materialized as proceeding is being adjourned for one or other reasons. Therefore the trial court may be directed to expedite the trial of the case and to decide the same as early as possible within a stipulated time frame.

I have heard the counsel for the petitioner and perused the record annexed with the petition.

Considering the limited prayer made by the counsel for the petitioner, considering the contents of order sheets annexed with the petition as Annexure P/1 and also the fact that for one or other reasons the 3 proceedings of trial court was adjourned time to time and till date it could not be finalized, this court deem it appropriate to direct the Trial Court to expedite the trial of the case and to decide the same within a period of eight months from the next date fixed before it after giving proper opportunity of hearing to the parties concerned. It is expected that no unnecessary adjournment shall be granted to the parties. The parties are also directed to cooperate with the trial of the case.

With the aforesaid observations, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge