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2026 DAILYLAW 7875 (ALL)

SHASHANK SINGH @ VISHAL @ SHASHANK SINGH CHANDEL v. SMT. NANDINI CHAUHAN

A227/12993/2026 · 2026-09-17

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12993 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayers: "i. Issue an appropriate direction to the learned Additional Principal Judge, Family Court, Court No. 2, Kanpur Nagar, to proceed ex parte against the Defendant-Respondent in Matrimonial Case No. 187 of 2025, Shashank Singh Chandel Vs. Nandini Chauhan, under Section 13 of the Hindu Marriage Act, 1955, in the event the Defendant-Respondent fails to appear before the learned Court below despite due service and repeated opportunities already afforded to her. ii. Issue an appropriate direction to the learned Court below to expeditiously proceed with and decide Matrimonial Case No. 187 of 2025, in accordance with law, within such REAL period as may kindly be fixed by this Hon'ble Court. without granting unnecessary adjournments on account of the non-appearance of the Defendant-Respondent." 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. Versus Counsel for Petitioner(s) : Garima Singh, Priyanka Chauhan Counsel for Respondent(s) : Shashank Singh @ Vishal @ Shashank Singh Chandel .....Petitioner(s) Smt. Nandini Chauhan .....Respondent(s) (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. 5. The Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955. 6. Writ petition stands disposed of. September 18, 2026 SK Goswami A227 No. 12993 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad