JITENDRA KUMAR AGNIHOTRI ALIAS JITENDRA KUMAR v. SMT. KAVITA TRIPATHI
A227/746/2025 · 2025-01-23
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9650 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9650 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12013 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 746 of 2025 Petitioner :- Jitendra Kumar Agnihotri Alias Jitendra Kumar Respondent :- Smt. Kavita Tripathi Counsel for Petitioner :- Ayush Mishra,Sunil Kumar Misra Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"Issue an order or direction commanding the Principal Judge, Family Court, Shahjahanpur to expedite the hearing of the Case No. 819 of 2024; Jitendra Kumar vs. Kavita Tripathi filed under Section 9 of the Hindu Marriage Act, 1955 and decide the same within the stipulated time fixed by this Court"
2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2024.
3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under :
"21B. 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."
4. 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 Principal Judge, Family Court, Shahjahanpur to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. Order Date :- 23.1.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad