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Neutral Citation No. - 2025:AHC:83001 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5151 of 2025 Petitioner :- Sandesh Baisoya Respondent :- Smt. Nikita Counsel for Petitioner :- Uma Nath Pandey,Vijay Pratap Singh Hon'ble Rohit Ranjan Agarwal,J. This is a second writ petition for the same cause of action. The petitioner earlier had approached this Court through Matters Under Article 227 No.15186 of 2024 which was disposed of on 04.12.2024, and following order was passed:-
"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 allow this petition and may issue necessary direction to the Principal Judge, Family Court, Gautam Buddh Nagar to decide the Divorce Petition No.553 of 2024 (Sandesh Baisoya Versus Smt. Nikita) under section 12 (2) (a-iii) of Hindu Marriage Act, 1955 within stipulated period as provided under section 21-B of the Act, 1955, failing which petitioner shall suffer irreparable loss and injury and/or pass such other and further order which this Hon'ble court may deem fit and proper in the circumstances of the case."
2. It is contended by counsel for the petitioner that divorce petition is pending
consideration before Principal Judge, Family Court, Gautam Buddh Nagar.
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, Gautam Buddh Nagar to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. " Once, the petitioner has already availed the remedy, the second writ petition for the same cause of action is not maintainable. The writ petition stands dismissed.
Order Date :- 19.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad