Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83340
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5173 of 2025 Petitioner :- Saurabh Kumar Katiyar Respondent :- Kalpana Counsel for Petitioner :- Ashwani Kumar Sachan,Saurabh Sachan 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 kindly pleased to direct the Additional Family Court No.-4 Kanpur Nagar 1301/2022 Saurabh Kumar Katiyar Vs. Kalpana U/s- 13 of Hindu Marriage Act 1955 within a time bound period preferably within 60 days during pendency of the aforesaid petition otherwise the petitioner shall suffer irreparable loss and injury."
2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2022.
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 No. 4, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. Order Date :- 19.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad