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Neutral Citation No. - 2025:AHC:20458 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1132 of 2025 Petitioner :- Sandeep Kumar Respondent :- Sandhya Verma Counsel for Petitioner :- Ajeet Singh,Anil Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"i. To issue appropriate order or direction to the learned Principal Judge Family Court, Varanasi to proceed with the trial of the aforesaid Matrimonial Case No.2060 of 2022 (Sandeep Kumar Vs. Sandhya Verma) on day to day basis, under the provisions contained in Section 21B(1) of the Hindu Marriage Act so that the aforesaid case may be decided expeditiously and justice may be done." It is contended by counsel for the petitioner that divorce petition is pending consideration since 2022. 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, Varanasi 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