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2025 DAILYLAW 38249 (ALL)

PRABHAT BHARTI v. SMT. AKANSHA HAZARIYA

A227/3371/2025 · 2025-04-07

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50259 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3371 of 2025 Petitioner :- Prabhat Bharti Respondent :- Smt. Akansha Hazariya Counsel for Petitioner :- Pawan Kumar Rao Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "I. Issue order or direction, directing to the Court of Additional Principal Judge Family Court, Court no. 4 Kanpur Nagar to decide the divorce petition no. 1120 of 2022 (Prabhat Bharti Vs. Akansha Hazariya) u/s 13 of Hindu Marriage Act 1955, expeditiously as early as possible within stipulated period, which is pending in the Court of Additional Principal Judge Family Court, Court no. 4 Kanpur Nagar." 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. 4, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955. 5. Writ petition stands disposed of. Order Date :- 8.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad