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2025 DAILYLAW 18536 (ALL)

VIKAS SHAKYA v. SMT. BHARTI THAKUR AND ANOTHER

A227/1507/2025 · 2025-02-14

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21344 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1507 of 2025 Petitioner :- Vikas Shakya Respondent :- Smt. Bharti Thakur And Another Counsel for Petitioner :- Alok Singh,Phool Chandra Singh,Sumitra Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "(i) To issue appropriate Order or Direction exercising supervisory Jurisdiction under Article 227 of the Constitution of India Directing the directing to the Court concern i.e., Additional Principal Judge Family Court Jhansi, District Jhansi, to decide the Case No. 309 of 2023, Vikas Shakya Vs. Smt. Bharti Thakur (Under Section 13 of The Hindu Marriage Act), within a short/fixed time." 2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2023. 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 divorce petition within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Additional Principal Judge Family Court Jhansi, District Jhansi to proceed in accordance with Section 21B of Act of 1955. 5. Writ petition stands disposed of. Order Date :- 14.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad