DHARMENDRA KUMAR v. SMT. BEENA JAISWAL ALIAS BEENA
A227/6853/2025 · 2025-07-10
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72923 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72923 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:111065 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6853 of 2025 Petitioner :- Dharmendra Kumar Respondent :- Smt. Beena Jaiswal Alias Beena Counsel for Petitioner :- Badri Narayan Sharma,Sunil Kumar Upadhyay 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 :-
"A. direct the learned Court of Principal Judge, Family Court, Allahabad to conclude and decide the Divorce Petition No. 1975 of 2021 (Dharmendra Kumar Versus Smt. Beena Jaiswal) under section 13 of the Hindu Marriage Act pending before the Court of Principal Judge, Family Court, Allahabad, expeditiously within specified period as fixed by this Hon'ble Court.."
3. Contention of learned counsel for the petitioner is that the proceedings under Section 13 of the Hindu Marriage Act in Divorce Petition No.1975 of 2021 (Dharmendra Kumar Vs. Smt. Beena Jaiswal) are pending since 2021. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Principal Judge, Family Court, Allahabad seized with the proceedings of divorce u/s 13 of the 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 Additional Principal Judge, Family Court, Allahabad is directed to consider and decide the aforesaid pending proceeding before him, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment, keeping in view of 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 :- 11.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad