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2025 DAILYLAW 185199 (ALL)

SMT. RICHA SAXENA v. ADDL. PRIN. JUDGE -VIII, FAMILY COURT LKO. AND ANOTHER

A227/6555/2025 · 2025-11-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6555 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Saheb Hussain Khan, the learned counsel for the petitioner. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought a direction to the learned Additional Principal Judge-VIII, Family Court, Lucknow to expeditiously decide Regular Suit No. 268/2022, under Section 9 of the Hindu Marriage Act, 1955. The petitioner has also prayed for referring the dispute to the Mediation and Conciliation Centre of this Court for exploring the possibility of an amicable settlement between the parties. 3. The petitioner has filed the aforesaid suit under Section 9 of the Hindu Marriage Act, 1955 on 24.01.2022. 4. The learned counsel for the petitioner states that the defendant-opposite party had already put in appearance before the Family Court and he has filed his written statement along with a counter affidavit on 16.08.2022. 5. As the matter is pending since the year 2022, Section 21B of Versus Counsel for Petitioner(s) : Saheb Hussain Khan, Eshita Bhasin, Kshitij Mishra, Ramendra Kumar Yadav Counsel for Respondent(s) : Smt. Richa Saxena .....Petitioner(s) Addl. Prin. Judge -Viii, Family Court Lko. And Another .....Respondent(s) he Hindu Marriage Act provides as follows:- "21-B. Special provision relating to trial and disposal of petitions under the Act.— (1) The trial of a petition under this Act, shall, do as 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." 6. Accordingly, the present petition is disposed of by directing the Additional Principal Judge, Family Court, Lucknow to proceed with Regular Suit No. 268/2022 expeditiously and to decide the same in accordance with law, by fixing dates at short intervals and by not granting any unnecessary adjournment, keeping in view the provisions contained under Section 21B of the Hindu Marriage Act, 1955. November 11, 2025 Pradeep/- A227 No. 6555 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench