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2025 DAILYLAW 12884 (ALL)

SAURABH ANAND DUBEY v. SMT. GARIMA DUBEY

A227/1153/2025 · 2025-02-13

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20425 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1153 of 2025 Petitioner :- Saurabh Anand Dubey Respondent :- Smt. Garima Dubey Counsel for Petitioner :- Amit Saxena,Priya Saxena Counsel for Respondent :- Ankur Verma Hon'ble Rohit Ranjan Agarwal,J. In Re: C.M. Amendment Application No.NIL of 2025 Heard. Amendment application is allowed. Learned counsel for the petitioner is permitted to carry out necessary amendment during course of the day. In Re: Writ Petition This writ petition has been filed with the following prayer: "a) issue a writ or direction or order to the Principal Judge Family Court, Allahabad to decide the divorce petition no.314 of 2024 'Saurabh Anand Dubey Versus Smt. Garima Dubey' as expeditiously as possible and preferably within six months from the date of production of order, passed by this Hon'ble Court." It is contended by counsel for the petitioner that divorce petition is pending consideration since 2024. Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides 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 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." As the Act of 1955 itself provides for deciding the divorce petition within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Principal Judge, Family Court, Allahabad to proceed in accordance with Section 21B of Act of 1955. Writ petition stands disposed of. Order Date :- 13.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad