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2025 DAILYLAW 21184 (ALL)

ABHISHEK TYAGI v. SMT. PALLAVI TYAGI

A227/1755/2025 · 2025-02-19

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24875 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1755 of 2025 Petitioner :- Abhishek Tyagi Respondent :- Smt. Pallavi Tyagi Counsel for Petitioner :- Sudhir Kumar Agarwal Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "(a) Issue an order or direction, directing the learned Additional Principal Judge, Family Court, Court No.1, Muzaffarnagar to decide the Matrimonial Petition No. 1026 of 2022, Abhishek Tyagi Vs. Smt. Pallavi Tyagi, under Section 13 of Hindu Marriage Act, 1955 expeditiously pending before him or within the stipulated period as may be fixed by this Hon'ble" 2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2022. 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, Court No.1, Muzaffarnagar to proceed in accordance with Section 21B of Act of 1955. 5. Writ petition stands disposed of. Order Date :- 20.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad