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2025 DAILYLAW 103784 (ALL)

SMT. LAXMI v. KRISHNA KUMAR AND ANOTHER

A227/12219/2025 · 2025-10-06

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12219 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed seeking following relief :- "Issue an order or direction in an appropriate lower nature directing the learned Court/Principal Judge, Family Court, Hapur to decide the Matrimonial Case bearing Case No.658 of 2022 [Krishna Kumar Vs. Smt. Laxmi and another) under Section 13 of Hindu Marriage Act pending before him forthwith finally, if possible with immediate effect without any further delay.." 3. Contention of learned counsel for the petitioner is that the proceedings under Section 13 of the Hindu Marriage Act are pending since 2022. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Principal Judge, Family Court, Hapur, seized with the proceedings u/s 13 of the Hindu Marriage Act to decide the same within a stipulated time or in a time frame as may be fixed by this Court. 4. Learned counsel for the petitioner brought attention of the Court to the provision of Section 21-B of the Hindu Marriage Act which contemplates to conclude the trial within six months from the date of service of notice of petition on the respondents. 5. Section 21-B of the Hindu Marriage Act is quoted as under: "21-B. Special provision relating to trial and disposal of petitions under the Act.-(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. Versus Counsel for Petitioner(s) : Ashok Kumar, Ashwini Kumar Srivastava Counsel for Respondent(s) : Smt. Laxmi .....Petitioner(s) Krishna Kumar And Another .....Respondent(s) (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. (3) Every appeal under this Act shall be tried as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent." 6. In view of the statutory requirement as contemplated under Section 21-B of the Hindu Marriage Act, no useful purpose would be served in keeping this petition pending. 7. The Principal Judge, Family Court, Hapur, is directed to consider and decide the aforesaid pending proceeding before him, in accordance with law, expeditiously, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment, keeping in view the statutory mandate of Section 21-B of the Hindu Marriage Act quoted above. 8. With these observations, this petition is disposed of. October 7, 2025 Rishabh A227 No. 12219 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad