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2025 DAILYLAW 73369 (ALL)

GYANENDRA KUMAR v. KM. ARCHANA AND ANOTHER

A227/6847/2025 · 2025-07-10

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111047 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6847 of 2025 Petitioner :- Gyanendra Kumar Respondent :- Km. Archana And Another Counsel for Petitioner :- Dinesh Kumar Srivastava,Mohammad Yaseen Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "(1) Issue a order or direction, directing to the Learned Additional Principal Judge Family Court no.3, Prayagraj (Allahabad) to decide the Matrimonial Case No.2133 of 2024, under section 13 of the Hindu Marriage Act (Gyanendra Kumar Vs. Km Archana) within stipulated 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 Matrimonial Case No.2133 of 2024 (Gyanendra Kumar Vs. Km. Archana) are pending since 08.10.2024. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Additional Principal Judge, Family Court No.3, Prayagraj 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 No.3, Prayagraj 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