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2025 DAILYLAW 82629 (ALL)

JYOTI v. AMIT DWIVEDI ALIAS PUTTAN

A227/8443/2025 · 2025-08-04

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131029 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8443 of 2025 Petitioner :- Jyoti Respondent :- Amit Dwivedi Alias Puttan Counsel for Petitioner :- Dr. Aditya Kumar Trivedi 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 :- "Issue suitable order, direction, directing the Principal Judge, Family Court, Banda to decide the Matrimonial Suit No.310 of 2020 (Jyoti Versus Amit Dwivedi alias Puttan) filed under section 13 of Hindu Marriage Act within the period as fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that the proceedings of Matrimonial Suit No.310 of 2020 (Jyoti Versus Amit Dwivedi alias Puttan) filed under section 13 of Hindu Marriage Act are pending since 2020. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Principal Judge, Family Court, Banda 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, Banda 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 :- 5.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad