IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19287 of 2011 Sanjeet Kumar Agrawal Versus The Registrar General, High Court of Judicature at Patna & Ors. With Civil Writ Jurisdiction Case No.19173 of 2011 Sanjeet Kumar Agrawal Versus The Registrar General, High Court of Judicature at Patna & Ors. ---------------------------------- 05. 08.12.2011 The respondent nos.1 and 2 are not necessary party in this application. Therefore, the names of respondent nos.1 and 2 are deleted. Heard the learned senior counsel, Mr. S.S.Dvivedi on behalf of the petitioner. This application under Article 227 of the Constitution of India has been filed by the petitioner for direction to the Principal Judge, Family Court, Muzaffarpur to transfer the Guardianship Petition No.320 of 2010 to any other competent court and also for direction to dispose of the guardianship petition within a period of two months. The other application i.e. CWJC No.19173 of 2011 has been filed making similar prayer for transferring the Matrimonial Case No.29 of 2011 to any other competent court from the said Principal Judge, Family Court, Muzaffarpur and also for disposal of the said matrimonial case within two months. The learned counsel for the petitioner on the ground of transfer relied upon a decision of the Allahabad High Court disposed of on 2 17.11.2006=2007(1) ADJ 167 and submitted that this court has the jurisdiction to transfer the case from one court to another court in the district. The learned counsel submitted that the Family Court, Muzaffarpur is not doing anything in this case and in each date, the petitioner is required to be physically present in the court and for that, the petitioner has to come from Delhi on each date. So far the submission of the learned counsel that both the cases may be transferred from that court to another court is concerned, in my opinion, in supervisory jurisdiction no transfer order can be passed particularly when there is specific provision in the Code of Civil Procedure for transfer. The decision of the Allahabad High Court which has been relied upon by the petitioner is passed in the case filed u/s 24 of the Code of Civil Procedure. So far direction to dispose of the matrimonial case within two months is concerned, it is admitted that still today, the issues have not been framed. Section 21(B) of Hindu Marriage Act provides that the matrimonial cases should be disposed of as expeditiously as possible preferably within six months. However, this provision is not mandatory and it depends upon the facts of the case and also the pendency of the cases before the Presiding Officer. In such circumstances, in supervisory jurisdiction under Article 227 of the Constitution of India, this court has 3 no jurisdiction to direct the court to do a thing which is impossible to be done. However, in view of this provision of the Hindu Marriage Act which is within the knowledge of the Lower Court, the Court below shall as far as practicable try his best to frame the issues and proceed to dispose of the case within a reasonable short period and if possible, by hearing day to day without adjourning the case unnecessarily but according to law only as it is well settled that any anxiety to cut the delay or further litigation should not be a ground to flout the settled fundamental principles of law. It is submitted that applications have been filed by the petitioner in matrimonial case for allowing him to be represented through his counsel and also other petitions. The grievance of the petitioner is that the Presiding Officer is not passing any order on those applications and, therefore, it is pending since long. In view of the submission, it is ordered that the learned Court below shall dispose of the said application considering the fact that the petitioner has to come physically from Delhi on each and every date within 10 days from receipt of a copy of this order after hearing the parties according to law. With these observations, both the writ applications are disposed of. Saurabh (Mungeshwar Sahoo,J.)