Neutral Citation No. - 2025:AHC:57485 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3812 of 2025 Petitioner :- Sachin Verma Respondent :- Smt. Shaili Kumari Counsel for Petitioner :- Bed Prakash Rai Hon'ble Rohit Ranjan Agarwal,J. Learned counsel for the petitioner submits that the petitioner on earlier two occasions had approached this Court, one in Matters Under Article 227 No.8868 of 2023, which was disposed of vide order dated 16.11.2023 and following order was passed:- "Heard learned counsel for the petitioner. This petition has been filed seeking following relief: "1. Issue an order or direction in the nature of appropriate directing the learned Trial Court/Additional Principal Judge, Family Court No. 5, Ghaziabad to decide the Matrimonial Case bearing Case no. 1959 of 2022 (Sachin Verma Vs. Smt. Shaili Kumari) under Section 13 of Hindu Marriage Act pending before him forthwith finally within stipulated period of time, if possible within a period three months." It appears that the plaintiff/petitioner filed a petition being Matrimonial Case No. 1959 of 2022 (Sachin Verma Vs. Smt. Shaili Kumari) on 22.07.2022, which has yet to be decided despite the respondent having put in appearance. The contention of learned counsel for the petitioner is that despite repeated time being granted to the respondent to file written statement, no written statement is being filed. Section 21-B of the Hindu Marriage Act, 1955 specifically provides that all proceedings under the Act should be held on a day to day basis and effort should be made to conclude the proceedings as far as possible within six months from the date of service of the petition on the respondent. In view of the aforesaid provisions of the Act, I am of the opinion that no further direction is required. This petition is, accordingly, disposed of." The second petition was filed being Matters Under Article 227 No.9020 of 2024 and 31.07.2024, following order was passed:- "1. Heard learned counsel for the petitioner. 2. Present petition has been filed with the following prayer:- "(i). Issue a direction to Additional Principal Judge Family Court No. 5, Ghaziabad to decide Matrimonial Case No. 1959 of 2022 (Sachin Verma Vs. Smt. Shaili Kumari) filed u/s 13 of Hindu Marriage Act, within time fixed by this Hon'ble Court. 3. Learned counsel for the petitioner submitted that petitioner has filed Matrimonial Case No. 1959 of 2022 Under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as Act, 1955). He next submitted that Section 21-B of Act, 1955 contemplates to decide the case within six months from the date of filing. He lastly submitted that as the case is pending since long, therefore, direction may be issued to trial Court to decide the aforesaid case at the earliest. 4. In the facts and circumstances of the case as well as considering the pendency of aforesaid case since long, the present petition is finally disposed of with direction to the Additional Principal Judge Family Court No. 5, Ghaziabad to decide the Matrimonial Case No. 1959 of 2022 in accordance with law maximum within a period three months in light of Section 21-B of Act, 1955 after providing opportunity of hearing to opposite party and without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. In case any adjournment is granted, Court shall record the detail reasons for the same. " This is the third writ petition filed by the petitioner for the same cause of action. Third writ petition is not maintainable for the same cause of action and the same stands dismissed. Order Date :- 18.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad