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2025 DAILYLAW 55617 (ALL)

VEDRATAN ALIAS VED NAGAR v. MALTI

A227/4804/2025 · 2025-05-11

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:76645 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4804 of 2025 Petitioner :- Vedratan Alias Ved Nagar Respondent :- Malti Counsel for Petitioner :- Kapil Tyagi,Sindhuja Rathi Bhargava Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "i. Issue an appropriate order or this Hon'ble Court may graciously be pleased to allow this application and may be pleased to direct to the court of Principal Judge Family Court, Gautam Buddh Nagar to decide or expedite the proceedings of Original Suit No.1218 of 2021 [Vedratan @ Ved Nagar v/s. Malti] u/s 12(1) (B) Hindu Marriage Act, District-Gautam Buddh Nagar expeditiously within stipulated period, otherwise petitioner shall suffer an irreparable loss and injury." 2. It is contended by counsel for the petitioner that petition filed under Section 12(1)(B) of Hindu Marriage Act is pending consideration since 2021. 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 under the Act within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Principal Judge, Family Court, Gautam Budh Nagar to proceed in accordance with Section 21B of Act of 1955. 5. Writ petition stands disposed of. Order Date :- 12.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad