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2026 DAILYLAW 5608 (ALL)

SUNIL KUMAR SEN v. SMT ANTIMA SHARMA

A227/12331/2026 · 2026-09-08

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12331 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer: "I. Issue an order or direction to the court below to decide the case no.258 of 2024 (Sunil Kumar Sen Vs Smt. Antima Sharma) under Section 13 of Hindu Marriage Act, pending before the Court of Learned Principal Judge Family Court, within stipulated period of time fixed by this Hon'ble court" 2. It is contended by counsel for the petitioner that divorce petition is pending consideration since 2024. 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 possible and endeavour shall be made to conclude the trial within six Versus Counsel for Petitioner(s) : Birendra Kumar Pandey, Om Shankar Mishra Counsel for Respondent(s) : Sunil Kumar Sen .....Petitioner(s) Smt Antima Sharma .....Respondent(s) 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 Principal Judge, Family Court, Allahabad to proceed in accordance with Section 21B of Act of 1955. 6. Writ petition stands disposed of. September 9, 2026 A. V. Singh A227 No. 12331 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad