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2025 DAILYLAW 57302 (ALL)

PRATYUSH JAISWAL v. SMT KANUPRIYA KALARA

A227/4955/2025 · 2025-05-14

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80481 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4955 of 2025 Petitioner :- Pratyush Jaiswal Respondent :- Smt Kanupriya Kalara Counsel for Petitioner :- Ashutosh Kumar Pandey,Gajendra Kumar Gautam Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "Issue a writ, order and direction in the exercise of power under Article 227 of the Constitution of India to direct the learned Court of Principal Judge Family Court Ghaziabad for some in interim order in Case No. 3171 of 2023 Prayush Versus Smt. Kanupriya within time stipulated and directed by this Hon'ble Court pending the learned Court of Principal Judge Family Court Ghaziabad. Annexure No.2 to the petition" 2. It is contended by counsel for the petitioner that divorce petition No.3171 of 2023 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 :- 15.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad