Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6991 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Vishwanath Tripathi, the learned counsel for the petitioner and perused the records. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Additional Principal Judge-III,Family Court, Lucknow to decide the Regular Suit No.1180 of 2022 seeking a decree for divorce expeditiously. 3. Earlier this court had issued direction for expeditious disposal of the suit by means of an order dated 10.01.2023, passed in Petition under Article 227 No.75 of 2023 and on 30.05.2024, this court had clarified that in case the direction is not complied with it would constitute a recurring cause of action for which it would always be open to the petitioner to file a fresh petition. 4. It appears that the opposite party had filed a Transfer Petition (Civil) NO.783 of 2024 in which the Hon'ble Supreme Court had stayed the proceedings of the suit but the stay order has been vacated and the transfer petition has been dismissed by means of an order dated 02.07.2025. 5. The submission of the learned counsel for the petitioner is that a bare perusal of the order sheet reveals that the Family Court is repetitively adjourning the hearing without assigning any reason and the petitioner has filed his evidence and he is not being cross-examined. 6. Section 21-B of Hindu Marriage Act provides as follows:
"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 Versus Counsel for Petitioner(s) : Vishwanath Tripathi, Shailendra Yadav Counsel for Respondent(s) :
Sumit Vig .....Petitioner(s) Vineeta Gupta .....Respondent(s)
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."
7. Keeping in view the aforesaid circumstances, the petition is disposed of and a direction is issued to learned Additional Principal Judge-III,Family Court, Lucknow to decide the Regular Suit No.1180 of 2022 expeditiously in accordance with law and keeping in view the statutory mandate provided under Section 21-B of Hindu Marriage Act and without granting any unnecessary adjournment to any of the parties, by fixing dates at short intervals. December 4, 2025 Ram. A227 No. 6991 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench