Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56385
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3760 of 2025 Petitioner :- Ravindra Kumar Respondent :- Sadhana Counsel for Petitioner :- Nand Lal Yadav,Rajendra Kumar 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 Court of Additional Principal Judge, Family Court, Court no.1, Mau to decide the matrimonial Case no. 433 of 2019 filed under Section 13 of Hindu Marriage Act, 1955, Ravindra Kumar Versus Sadhana pending since 25.7.2019 within a stipulated period."
2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2019.
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.1, Mau to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. Order Date :- 17.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad