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Neutral Citation No. - 2025:AHC:20789 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1429 of 2025 Petitioner :- Harshit Rastogi Respondent :- Nupur Rastogi Counsel for Petitioner :- Mukesh Joshi Counsel for Respondent :- Jaideep Pandey Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"Issue a direction to the learned court below to decide the case no. 424 of 2023, CNR No.UPMO020009842023 (Harshit Rastogi Vs. Smt. Nupur Rastogi), Under Section 13 of Hindu Marriage Act, pending before the learned Principal Judge, Family Court, Moradabad, within some stipulated period as fixed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition No.424 of 2023 (Harshit Rastogi Vs. Smt. Nupur Rastogi) is pending consideration before Principal Judge, Family Court, Moradabad which may be directed to be decided expeditiously.
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
within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Principal Judge, Family Court to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. Order Date :- 13.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad