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2026 DAILYLAW 8579 (ALL)

AWADHESH BAGHEL v. STATE OF U.P. AND ANOTHER

A227/13258/2026 · 2026-09-22

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13258 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer: "a. Issue writ, order and direction commanding the learned Principal Judge Family Court, District Aligarh to decide divorce petition No. 1258 of 2024 (Awadhesh Baghel vs. Reetu @ Neetu) within stipulated period as fixed by this Hon'ble Court, pending before the Principal Judge Family Court, District Aligarh otherwise great injustice may be caused and petitioner will suffer irreparable loss and injury." 2. It is contended by counsel for the petitioner that divorce petition is pending consideration since the year 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 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 Versus Counsel for Petitioner(s) : Diwakar Singh Pal, Monarch Tripathi Counsel for Respondent(s) : C.S.C. Awadhesh Baghel .....Petitioner(s) State of U.P. and Another .....Respondent(s) 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, Aligarh to proceed in accordance with Section 21B of Act of 1955. 6. Writ petition stands disposed of. September 23, 2026 Shekhar A227 No. 13258 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad