IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.650 of 2010 (M/S) Shri Arvind Singh Bishnoi ………..Petitioner Versus Smt. Poonam Singh Bishnoi …….Respondent Shri Piyush Garg, learned counsel for the petitioner. Shri Pawan Mishra, learned counsel for the respondent. Dated: 01st July, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner for a direction to Principal Judge, Family Court, Dehradun to decide the Suit No.375 of 2009 “Shri Arvind Singh Bishnoi Vs. Smt. Poonam Singh Bishnoi”, u/s 13 of the Hindu Marriage Act pending in his Court, expeditiously. Brief facts of the case, as stated in the petition, are that the respondent got married to the elder brother of the petitioner namely Shri Vinod Singh Bishnoi in the year 1979 and out of the wedlock, Shri Amar Singh Bishnoi was born. Shri Vinod Kumar Bishnoi died in America and subsequently with the arrangement by the family, the respondent was married to the petitioner on 11.08.1984. Out of this wedlock, a daughter namely Km. Bhawana Bishnoi was born. The petitioner, respondent and the children are residing under one roof. The respondent under the influence of her relatives always behaves with cruelty 2 with the petitioner and never pays attention towards the family responsibilities. The respondent with an intention to harass the petitioner is continuously filing frivolous complaints on one or the other count against the petitioner. The respondent filed petitions u/s13 and 24 of the Hindu Marriage Act as O.S. no.511 of 2008 in the Family Court, Dehradun, against the petitioner. During the pendency of the above referred petition, the respondent filed a complaint under the provisions of Prevention of Women from Domestic Violence Act as Misc. case no.77 of 2009, “Poonam Bishnoi Vs. Arvind Singh Bishnoi” in which she moved an application for interim maintenance. Since the continuation of matrimonial tie with the respondent was not possible, the petitioner filed a petition no.375 of 2009 “Shri Arvind Singh Bishnoi Vs. Smt. Poonam Bishnoi” u/s 13 of the Hindu Marriage Act, in the Court of Principal Judge, Family Court, Dehradun for a decree of divorce, but the respondent is trying to delay the proceeding of the suit u/s 13 and is continuously trying to harass the petitioner and to implicate the petitioner in any false and frivolous criminal case. Learned counsel for the respondent, on the other hand submitted that the allegations made by the petitioner are false and infact husband and wife are residing under one roof. During the course of arguments, the learned counsel for the parties submitted that the husband and wife are more than 50 years of age and are interested in reconciliation. Therefore, the learned Principal Judge, Family Court, Dehradun is directed to take every possible steps for reconciliation in view of Sub section 2 of Section 23 of Hindu Marriage Act and in case reconciliation fails, then only proceed with the hearing of the case. The case shall be listed before the Principal Judge, Family Court, Dehradun on 19.07.2010. In case reconciliation fails, the learned Principal Judge, Family Court, Dehradun is directed to hear the Suit no.375 of 2009, “Shri Arvind Singh Bishnoi Vs. Smt. Poonam Singh Bishnoi” and decide the same within a period of 9 months from the date of production of certified copy of the order. With these directions, the writ petition is disposed of. Interim relief application no.3244 of 2010 stands disposed of accordingly. (V.K. Bist, J.) Arpan 01.07.2010