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2025 DAILYLAW 61854 (ALL)

SMT. PREETI v. SANI PRASAD ALIAS ROSHAN

A227/5344/2025 · 2025-05-21

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86619 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5344 of 2025 Petitioner :- Smt. Preeti Respondent :- Sani Prasad Alias Roshan Counsel for Petitioner :- Arvind Kumar Tiwari Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "(i) Issue a suitable order or direction commanding the Principal Judge, Family Court, Hathras to consider and decide the Matrimonial Case No.359 of 2024 (Smt. Preeti Vs. Sani Prasad alias Roshan) under Section 13(1)(1a) of the Hindu Marriage Act, 1955 in accordance with law within a period of time specified by the Hon'ble Court." It is contended by counsel for the petitioner that divorce petition is pending consideration since 2023. Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under : "21-B. 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." 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, Hathras to proceed in accordance with Section 21B of Act of 1955. Writ petition stands disposed of. Order Date :- 22.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad