Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19698
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1026 of 2025 Petitioner :- Pravesh Kumar Yadav Respondent :- Arti Yadav And Another Counsel for Petitioner :- Pawan Kumar Shukla Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"Issue order or direction to the Principal Judge Family Court Prayagraj to decide the Case No. 2245 of 2024 (Pravesh Kumar Yadav Vs Arti Yadav and others) under section 13 of Hindu Marriage Act within stipulated period, as also provided under section 21-B of Hindu Marriage Act." 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, Prayagraj to proceed in accordance with Section 21B of Act of 1955. Writ petition stands disposed of. Order Date :- 11.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad