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2026 DAILYLAW 10918 (ALL)

SAMEER TRIPATHI v. SMT. SAPNA TRIPATHI

A227/13772/2026 · 2026-09-29

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13772 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer: "1. Issue an order or direction and commanding the Additional Principal Judge, 3rd, Family Court, Kanpur Nagar, to decide Case No. 438 of 2025, Sameer Tripathi Versus Smt. Sapna Tripathi, under Section 13 of the Hindu Marriage Act, 1955, expeditiously, within a time-bound period, preferably on day-to-day basis, without granting unnecessary adjournments, subject to there being no legal impediment, in the interest of justice." 2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2025. 3. Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides 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 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 Versus Counsel for Petitioner(s) : Mohammad Sadab Khan Counsel for Respondent(s) : Sameer Tripathi .....Petitioner(s) Smt. Sapna Tripathi .....Respondent(s) 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. 5. The Additional Principal Judge, 3rd, Family Court, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955. 6. Writ petition stands disposed of. September 30, 2026 A. V. Singh A227 No. 13772 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad