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2025 DAILYLAW 40191 (ALL)

VIJAY BAHADUR v. SMT. SUMAN MOURYA

A227/3534/2025 · 2025-04-10

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53832 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3534 of 2025 Petitioner :- Vijay Bahadur Respondent :- Smt. Suman Mourya Counsel for Petitioner :- Ashutosh Gupta,Punit Kesarwani,Vandana Gupta Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Principal Judge, Family Court, Varanasi to decide the H.M.P. No.2176 of 2023 (Vijay Bahadur vs. Smt. Suman Mourya) under section 13 of Hindu Marriage Act. within stipulated period so that the justice may be done; otherwise the applicant / petitioner shall suffer irreparable loss and injury. And / or pass such other and further order as this Hon'ble Court may deem and proper under the facts and circumstances of the case." 2. It is contended by counsel for the petitioner that divorce petition No.2176 pf 2023 (Vijay Bahadur vs. Smt. Suman Mourya) is pending consideration since 2023. The sole prayer made in the writ petition is for expeditious disposal of the said petition. 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 :- 11.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad