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2025 DAILYLAW 85717 (ALL)

RAJ KUMAR SHARMA v. RANJEETA SHARMA

A227/9021/2025 · 2025-08-12

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137881 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9021 of 2025 Petitioner :- Raj Kumar Sharma Respondent :- Ranjeeta Sharma Counsel for Petitioner :- Avinash Kumar Tripathi,Nagendra Kumar Tripathi 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 Principal Judge Family Court 3rd, Gorakhpur to decide the decide the suit No. 668 of 2021 (Raj Kumar Sharma Vs. Ranjeeta Sharma) under Section 13(1) of Hindu Marriage Act, which is pending in the court of Principal Judge Family Court 3rd, Gorakhpur expeditiously within stipulated period. a" 3. Contention of learned counsel for the petitioner is that the proceedings under Section 13(1) of the 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 3rd, Gorakhpur, seized with the proceedings u/s 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 3rd, Gorakhpur, 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. 8. With these observations, this petition is disposed of. Order Date :- 13.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad