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Neutral Citation No. - 2025:AHC:73120 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4652 of 2025 Petitioner :- Smt Megha Respondent :- Joni Counsel for Petitioner :- Rajesh Kumar Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"(i) Issue an order or direction, directing the court below i.e. Principal Judge Family Court, Hapur to decide the case No.762 of 2024 (Smt. Megha Vs. Joni) under section 13 (i) of Hindu Marriage Act, police station Simbhawali, District Hapur, expeditiously as possible as within short stipulated period as may be fixed by this Hon'ble court which is pending before Principal Judge Family Court, Hapur."
2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2024.
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 Principal Judge,
Family Court, Hapur to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. Order Date :- 7.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad