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Neutral Citation No. - 2025:AHC:50708 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3362 of 2025 Petitioner :- Sanjay Pokhriyal Respondent :- Smt. Kavita Pakhriyal Counsel for Petitioner :- Jai Prakash Prasad,Rakesh Yadav Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"Issue appropriate order or direction to direct the learned Additional Principal Judge Family Court No.1, Meerut to decide the Case No. 2831 of 2021 (Sanjay Pokhriyal Vs. Smt. Kavita Pokhriyal) under Section 13A of Hindu Marriage Act, Police Station Kankerkhera, District Meerut within stipulated time fixed by this Hon'ble Court in accordance with law which is pending before him till today."
2. It is contended by counsel for the petitioner that Case No.2821 of 2021 (Sanjay Pokhriyal vs. Smt. Kavita Pokhriyal) under Section 13A of Hindu Marriage Act is pending consideration since
2021. The sole prayer made in the writ petition is for expeditious disposal of the said petition.
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 :- 8.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad