Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51560
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3395 of 2025 Petitioner :- Suresh Prajapati Respondent :- Deepmala Counsel for Petitioner :- Santosh Kumar Verma Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"A. direct the Learned Additional Principal Judge, Family Court Basti to decide/expedite the Case No. 84 of 2021 (Suresh Prajapati Vs. Deepmala) Under Section 9 of Hindu Marriage Act which is pending before the learned Additional Principal Judge, Family Court Basti, expeditiously preferably within a short period as fixed by this Hon'ble Court in accordance with law. B. to, direct to the defendant respondent to handover the children to the petitioner for providing the education for their good future." It is contended by counsel for the petitioner that divorce petition is pending consideration since 2021. 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 Additional Principal Judge, Family Court, Basti to proceed in accordance with Section 21B of Act of 1955. Writ petition stands disposed of. Order Date :- 9.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad