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2025 DAILYLAW 11605 (ALL)

DEEPAK MAHENDRA PANDEY AND 2 OTHERS v. SHATAKSHI MISHRA @ SMT. ANJUM ADIL

A227/802/2025 · 2025-01-24

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12718 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 802 of 2025 Petitioner :- Deepak Mahendra Pandey And 2 Others Respondent :- Shatakshi Mishra @ Smt. Anjum Adil Counsel for Petitioner :- Rakesh Dubey Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "(A) Issue a direction to decide the Case No. 893 of 2022 (Deepak Mahendra Pandey Vs. Satakshi Mishra @ Anjum Adil) U/s 11 of Hindu Marriage Act, pending before Additional Principal Judge Family Court No.-3 Kanpur Nagar since 2022 as expeditiously preferably within stipulated period without granting any unnecessary adjournment of either of the parties or as directed by this Hon'ble Court within stipulated period." 2. It is contended by counsel for the petitioner that petition filed under Section 11 of is pending consideration since 2022. 3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under : "21B. 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 interests 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. (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 heard 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." 4. As the Act of 1955 itself provides for deciding the petition filed under the Act within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Additional Principal Judge, Family Court No. 3, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955. 5. Writ petition stands disposed of. Order Date :- 24.1.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad