Kinnera v. Smt.Swetha Lingala in CRp No

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the- High court may be pleased to direct the Additional Family court Judge, Medchal-Malkajgiri bistrict at Kukatpally to dispose of the pending F.c.o- p. No.7441201g within three months from the date of the orders of this Honourable court. Counsel for the Petitioner: SRI T.S.SUBHA RAJESHWARI Counsel forthe Respondents: SRI M.SHANKAR The Court made the following: ORDER ,,, THE HON'BLE JUSTICE B.R. MADHUSUD,T tAN RAO CTVIL REVISION PETITION No.2222 o 12023 ORDER: Learned counsel for the petitioner s rbmits that cross-examination of the petitioner is completed. Thereafter, affidavit of pW-2 was filed on 20.( 9.2022. On the same day, Advocate Commissioner is : ppointed by the trial court. PW-3 affidavit was alr o hled on o1.I2.2022.

2. Learned counsel has liled the case I tatus of e- Courts, which shows that F.C.O.p.No.7,1 1 of 2OL8 pending on the file of Family Court Judge, Fr rkatpally, is posted for Commissioner's report on 19.1C,.

2022. The report is not filed till 11.09.2025. Learned cor.r esel further submits that though the Commissioner has is sued notice to respondent and her counsel, they are not :ooperating to cross-examine the witness. She relied o r the order passed by this Court in the case of Sri iai Vikram \ 2 Kinnera vs. Smt.Swetha Lingala in CRp No.2g15 of 2023 dated 29.I2.2O23.

3. Per contra, learned counsel for respondent submits that the respondent and her counsel were ready to cross_ examine the witnesses but it is the witnesses, who did not report to face the cross-examination and there are latches on the part of the petitioner in producing the witnesses before the Commissioner and prayed to dismiss the CRP.

4. The petitioner has hled F.C.O.p for grant of divorce under Section t3 (l)(ia)(ib) of Hindu Marriage Act, 1955 to dissolve his marriage performed with the respondent. Record goes to show that the pefitioner is examined as PW-1 and thereafter, afhdavit of pW-2 was hled on 2O.O9.2O22. On the same day, the Commissioner was appointed. Affidavit of pW-3 was a_lso filed on O1.12.2022. Case status goes to show that Commissioner,s report is not filed since 19. lO.2O22 to 11.O9.2O25. As on d,ate, the, \/-\/ 3 status of the main O.p is for hling the I eport of the Advocate Commissioner.

5. In Sri Sai Vikram Kinnera case supr I this Court relied on the decision of Hontrle Apex Cour t in yashpal Jain Vs. Sushila Devi and othersr case, u1 Lich reads as under: "42.The following directions are issued: i. All courts at district and taluka levels shall ens.t e proper execution of the summons and in a time bound r lnner as prescribed Under Order V Rule (2) of Code of Civil i iocedure and same shall be monitored by irincipal District lr ljes ana after collating the statistics they shall forward the sa ,rt io Ue placed before the committee constituted by the Higtr :ourt for its consideration and monitoring. ii. All courts at District and Taluka level shall ensure tr t written statement is filed within the prescribed limit r i rely as prescribed Under Order VIII Rute 1 and preferably ,/ithi; 30 days and to assign reasons in writing as to'why the iil. i, "-iirit being extended beyond 30 days as indicated under p oviio to Sub- rule (1) of Order VIII of Code of Civil procedurr:. iii. All courts at Districts and Talukas shall ensure rfter the pleadings are complete, the parties should be ca e,1 ujon to appear on the day fixed as indicated in Order X and -r cord the admissions and denials and the court shall direct tne larties to the suit to opt for either mode of the settlement or'.ia" tn" court as specified in Sub-section (l) of Section 89 ;r J at the option of the parties shall fix the date of appeararc: before such forum or authority and in the event of the parti,, opting to any one of the modes of settlement directions be ;sued to appear on the date. time and venue fixed and the par les shall so appear before such authority/forum without ar) further ' 2023/r N SC/948: t4AN U 6q fi84/2023 \ lII \Il ! -) 4 notice at such designated place and time and it shall also be made clear in the reference order that trial is fixed beyond the period of two months making it clear that in the event of ADR not being fruitful, the trial would commence on the next day so fixed and would proceed on day-to-day basis. iv. In the event of the party's failure to opt for ADR namely resolution of dispute as prescribed Under Section 89(1) the court should frame the issues for its determination within one week preferably, in the open court. v. Fixing of the date of trial shall be in consultation with the learned Advocates appearing for the parties to enable them to adjust their calendar. Once the date of trial is fixed, the trial should oroceed aecqrdinqlv to th extent Dossible, on day-to-day basis iudoes of District and Taluka Courts as far vi. Learned as possible maintain the diary for ensurinq thdt only such number of cases as can be handled on any qtven dav for trial o of the cases and as a <o of it result inconvenience beino 'ed to the 'b vii. The counsels representing the parties may be enlightened of the provisions of Order XI and Order XII so as to narrow down the scope of dispute and it would be also the onerous responsibiliry of the Bar Associations and Bar Councils to have periodical refresher courses and preferably by virtual mode. com. meticulously and without viii. The trial courb shall with the pro visions of Rule 1 of Order XVII and once the trial has commenced it shall be oroceeded from day to dav under the proviso to Rule 2). The co rts shall qive adiourn nt is souqht the o n ninoful effe n r Drocrastinati to the of the h m granted. x. At conclusion of trial the oral arguments shall be heard immediately and continuously and judgment be pronounced within the period stipulated Under Order )C( of Code of Civil Procedure. xi. The statistics relating to the cases pending in each coury 5 feVol! S years shall be forwarded by every presiding officer to the Principal District Judoe 9n.S il. u ,bntn *f-r,, ip.in.ip.f .District Judge/Distria Judg"e) shail coilate th;;;;';, )'ro*uro it to the review committe-e constituted OV tne-rerp,,, iirl' nigr.r Courts for enabling it to take further stepsl xii. .The Committee so constituted by the Hon,ble Clri )f Justice of the respective States shall meet at least once in hv ) months and direct such corective measures to be taken by r rncerned 9out as deemed fit and shall ,fro ,""li"r'ir,.] )"''I g:f.._r*ty ryhich are pil;;; ;;; #;;';il' j :;1?:; constanuy. It is also made clJar ttut irrtt.i-jir,, lio,ii implementation of the above aireaions *"riJO"'i", ei?", time to time, if necessarv. ; .. tnd as may be directer by this Court. 43. The Secretary General is directed to circulate th,r copy of this judgmenr to the Registrar c"n"rut oiuii t"n-e iL;',- ;; ,"r. being. placed before ihe respective Chief Justicc: for a consideration and suitable steps being tut", ", opi.,, ilrui, above." ror.

6. In view of the aforesaid discussion and ,r; the O.p is of the year 2O1g, this Court is of the view 1t at the trial court shall proceed with the matter on day tc day basis, keeping in view the directions of the Honble I pex Court, cited supra. It is made clear that arr. , plea of adjournments sought by the parties shal bt decided in the light of Order XWI rule 1 of CpC, 190g.

7. Learned trial court shall dispose of F.C.( t.p.No.Z44 of 2018, as expeditiously as possible, preferabl ,, within a \ E. I i=c 6 : period of six (6) months from the date of receipt of a copy of this order.

8. With the aforesaid observations, this Civil Revision Petition is disposed of. There shall be no order as to costs. g. Interim order and miscellaneous petitions' if any' pending in the Civil Revision Petition shalt stand closed' i"J;'tfl'filAII?J+AXX /: L7 ,TTRUE COPY// SECTION OFFICER To,

1. The Additional Family Court Judge' 2. One CC to SRI T S SUBHA RAJES 3. One CC to SRI M SHANKAR' Advo 4. Two CD Copies NVB/ABK Medchal-Malka.igiri Oistrict at Kukkatpally HWARI, Advocate [OPUC] cate [OPUCI ./, A HIGH COURT DATED:0611012025 ORDER CRP.No.2222 of 2023 -a ./ '. !.. ... ..-:-. 1-', Il. \" i. i' .\ 12 i . ,j "'lfin DISPOSING THE CIVIL REVISION PETITI )N (,