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2025 DAILYLAW 77652 (ALL)

SMT POOJA SHARMA v. SHIVAM SHARMA @ LALLA

A227/7857/2025 · 2025-07-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125882 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7857 of 2025 Petitioner :- Smt Pooja Sharma Respondent :- Shivam Sharma @ Lalla Counsel for Petitioner :- Maheshwari Prasad Pandey 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 :- "Direct the learned Court i.e. Additional Principal Judge, Family Court No.1, District Kanpur Nagar, to decide the Case No.1584 of 2022 (Smt. Pooja Sharma vs. Shivam Sharma @ Lalla) Under Section 13 of Hindu Marriage Act, Police Station- Rasoolabad, District-Kanpur Nagar, Pending in the court of Additional Principal Judge Family Court No.1, Kanpur Nagar, within a stipulated period may be fixed by the Hon'ble Court.. " 4. Contention of learned counsel for the petitioner is that the proceedings under Section 13 of the Hindu Marriage Act are pending since 2022. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Additional Principal Judge, Family Court No.1, Kanpur Nagar seized with the proceedings 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. 5. 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. 6. 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." 7. 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. 8. The Additional Principal Judge, Family Court No.1, Kanpur Nagar is directed to consider and decide the aforesaid pending proceeding before him, in accordance with law, expeditiously, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment, keeping in view the statutory mandate of Section 21-B of the Hindu Marriage Act quoted above. 9. With these observations, this petition is disposed of. Order Date :- 28.7.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad