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2025 DAILYLAW 92495 (ALL)

NILESH DHAR DWIVEDI v. NIRMALA DEVI

A227/10551/2025 · 2025-09-07

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10551 of 2025 Court No. - 9 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 :- "It is, therefore Most Respectfully prayed that this Hon'ble Court learned' may graciously be pleased to direct the court below to decide the application being marked as 10Ga, filed by the petitioner in Matrimonial case no. 737 of 2022 (Nilesh Dhar Dwivedi versus Nirmala Devi) under section 12 1(a) of Hindu Marriage Act, pending before the court of Additional Principal Judge Family court no.1 Deoria, within stipulated time fixed by this Hon'ble Court, and issue any other and further suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3. Contention of learned counsel for the petitioner is that the proceedings of Case No. 737 of 2022 under Section 12 1(a) of the Hindu Marriage Act are pending. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Additional Principal Judge, Family Court, court no.1 Deoria seized with the proceedings of divorce u/s 12 1(a) 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. Versus Counsel for Petitioner(s) : Sharad Mishra Counsel for Respondent(s) : Nilesh Dhar Dwivedi .....Petitioner(s) Nirmala Devi .....Respondent(s) 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 Additional Principal Judge, Family Court, court no.1 Deoria 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. September 8, 2025 S. Singh A227 No. 10551 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad