Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 62668 (ALL)

RAJAT MOWAR v. DR. PRIYA CHOUDHARY

A227/6650/2025 · 2025-07-08

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:108296 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6650 of 2025 Petitioner :- Rajat Mowar Respondent :- Dr. Priya Choudhary Counsel for Petitioner :- Syed Fahim Ahmed Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed seeking following relief :- "i. issue necessary direction to the learned court of Principal Judge, Family court, Court no.1 Muzaffar Nagar for expeditious disposal of Divorce petition No. 771 of 2024 (old number 3284/2023) (Rajat Mowar Vs. Priya Chaudhary) under section 13 of Hindu Marriage Act, 1955. ii. And further direct for expeditious disposal of the application no.6ga filed under section 26 of Hindu Marriage Act, 1955 for seeking custody of the minor child in Divorce petition No. 771 of 2024 (old number 3284/2023) within a stipulated period of two months or as this Hon'ble Court may direct." 3. Contention of learned counsel for the petitioner is that the proceedings under Section 13 (1) of the Hindu Marriage Act as well as application no. 6ga under Section 26 of Hindu Marriage Act, are pending since 2023. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Principal Judge, Family court, Court no.1 Muzaffar Nagar seized with the proceedings of divorce u/s 13(1) of the Hindu Marriage Act as well as under Section 26 of Hindu Marriage Act to decide the same within a stipulated time or in a time frame as may be fixed by this Court. 4. Learned counsel for the petitioner brought attention of the Court to the provision of Section 21-B of the Hindu Marriage Act which contemplates to conclude the trial within six months from the date of service of notice of petition on the respondents. 5. Section 21-B of the Hindu Marriage Act is quoted 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 interest 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 tried 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." 6. In view of the statutory requirement as contemplated under Section 21-B of the Hindu Marriage Act, no useful purpose would be served in keeping this petition pending. 7. The Principal Judge, Family court, Court no.1 Muzaffar Nagar is directed to consider and decide the aforesaid pending proceedings as well as application 6ga before him, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment, keeping in view the statutory mandate of Section 21-B of the Hindu Marriage Act quoted above. 8. With these observation, this petition is disposed of. Order Date :- 9.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad