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Neutral Citation No. - 2025:AHC:144460 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9456 of 2025 Petitioner :- Smt. Krashna Kumari Respondent :- Ajay Kumar Anuragi Counsel for Petitioner :- Arvind Kumar 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 a order or direction in the nature of the directing the Principal Judge, Family Court Mahoba District-Mahoba to decide the Case No.282 of 2024 Under Section 13 Hindu Marriage Act (Smt. Krashna Kumari Versus Ajay Kumar Anuragi) within reasonable period during the pendency of the petition before this Hon'ble Court."
3. Contention of learned counsel for the petitioner is that the proceedings under Section 13 of the Hindu Marriage Act are pending since 2024. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Principal Judge, Family Court, Mahoba seized with the proceedings of divorce under Section 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, Mahoba 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 :- 22.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad