Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50305
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3319 of 2025 Petitioner :- Brijesh Verma Respondent :- Smt. Payal Verma Counsel for Petitioner :- Anjani Kumar Dubey,Deepak Upadhyay,Sarvesh Kumar Mishra Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"I. Issue a direction to the learned Principal Family Court, Kanpur Nagar, to expedite the disposal of Matrimonial Suit No. 3213 of 2023 Brijesh Varma Vs Payal Varma, within a stipulated period deemed fit by this Hon'ble Court." It is contended by counsel for the petitioner that divorce petition is pending consideration since 2023. Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under :
"21-B. 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." 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 Principal Judge, Family Court, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955. Writ petition stands disposed of. Order Date :- 8.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad