HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11795 of 2025 Court No. - 9 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 exercise of power conferred under Article 227 of the Constitution of India to direct the Principal Judge, Family Court, District Bareilly, to decide the Divorce Petition/Case no. 1195 of 2024 (Mohammad Altmash Vs. Arshi Ansari), filed under section 27 (Kha) (Cha) Special Marriage Act 1954, Pending before him, within stipulated period, which may be fixed by this Hon'ble court." 3. Contention of learned counsel for the petitioner is that the proceedings under Section 27 (Kha) (Cha) Special Marriage Act 1954 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, Bareilly seized with the proceedings of divorce under Section 27 (Kha) (Cha) Special Marriage Act 1954 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 40-B(2) of the Special 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 40-B(2) of the Special Marriage Act is quoted as under: Versus Counsel for Petitioner(s) : Mohammad Waseem Counsel for Respondent(s) : Mohammad Altmash .....Petitioner(s) Smt. Arshi Ansari .....Respondent(s) "40B. Special provisions relating to trial and disposal of petitions under the Act.―(1)............ (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) ..........." 6. In view of the statutory requirement as contemplated under Section 40- B(2) of the Special Marriage Act, no useful purpose would be served in keeping this petition pending. 7. The Principal Judge, Family Court, Bareilly 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 40-B(2) of the Special Marriage Act quoted above. 8. With these observation, this petition is disposed of. September 25, 2025 Ved Prakash A227 No. 11795 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad