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Neutral Citation No. - 2025:AHC:117644 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7350 of 2025 Petitioner :- Satyam Tripathi Respondent :- Apurva Counsel for Petitioner :- Diwakar Prasad Tiwari,Ramesh Chandra Tiwari Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record. 2. The writ petition has been filed seeking following relief :-
"Issue a writ order or direction in nature of Mandamus commanding /directing the Principal Judge of family Court Prayagraj to decide the suit for permanent injunction filed by the petitioner bearing suit No. 1357 of 2024 under section 13 of Hindu Marriage Act 1955( Satyam Tripathi Vs Apurva) pending before him within. stipulated period as directed by this Hon'ble Court otherwise the applicant/petitioner shall suffer an irreparable loss and injury."
3. Contention of learned counsel for the petitioner is that the proceedings of suit No. 1357 of 2024 under Section 13 of the Hindu Marriage Act are pending since
2024. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Principal Judge, Family Court, 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 Principal Judge, Family Court, 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 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 :- 21.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad