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2025 DAILYLAW 85532 (ALL)

SANDEEP KUMAR v. SMT. PREETI KASHYAP

A227/8938/2025 · 2025-08-11

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136274 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8938 of 2025 Petitioner :- Sandeep Kumar Respondent :- Smt. Preeti Kashyap Counsel for Petitioner :- Abhishek Kumar Mishra 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 an order and direct the court of Principal Judge Family Court, Kanpur Nagar, to to decide the Divorce Petition No. 1791 of 2021 (Sandeep Kumar Vs. Smt. Preeti Kashyap) in under section 13 of Hindu Marriage Act, within stipulated period, pending in court of Principal Judge Family Court, Kanpur Nagar." 3. Contention of learned counsel for the petitioner is that the proceedings of Divorce Petition No. 1791 of 2021 (Sandeep Kumar Vs. Smt. Preeti Kashyap) in under section 13 of Hindu Marriage Act 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, Kanpur Nagar seized with the proceedings of divorce u/s 12 and 13(1) 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, Kanpur Nagar 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 :- 12.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad