Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21564
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 944 of 2025 Petitioner :- Smt. Mansi Pal Respondent :- Ankit Tiwari Counsel for Petitioner :- Sanjay Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"To direct the Court's (Additional Principal Judge, Family Court, Kanpur Nagar) to decide the Case No. 268 of 2024, Smt. Mansi Pal Versus Ankit Tiwari, under Section 13 Hindu Marriage Act, pending in the Court of Additional Principal Judge, Family Court, Kanpur Nagar as expeditiously as possible within a stipulated period as directed by this Hon'ble Court." It is contended by counsel for the petitioner that divorce petition is pending consideration since 2024. Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides 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 interests 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 heard 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." As the Act of 1955 itself provides for deciding the divorce petition within fixed period of time, there is no need for issuing a separate
direction to the Court concerned. The Additional Principal Judge, Family Court, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955. Writ petition stands disposed of. Order Date :- 14.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad