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Neutral Citation No. - 2025:AHC:42818 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2808 of 2025 Petitioner :- Anil Kumar Maurya Respondent :- Sarita Counsel for Petitioner :- Pankaj Srivastava Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"Issue order or direction to the court of learned Additional Principal Judge Family Court-III, Allahabad to decide the Matrimonial Case no. 734 of 2020 (Anil Kumar Maurya versus Sarita) under section 13 of Hindu Marriage Act, pending before Additional Principal Judge Family Court-III, Allahabad, within stipulated period as fixed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition No.734 of 2020 (Anil Kumar Maurya vs. Sarita) is pending
consideration since 2020.
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 :- 24.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad