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2026 DAILYLAW 9892 (ALL)

RISHABH DWIVEDI v. DIVYA MISHRA

A227/13675/2026 · 2026-09-29

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13675 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer: "i) direct the Additional Principal Judge Family Court-3, Kanpur Nagar to decide case no. 2334 of 2024 (Rishabh Dwivedi Vs. Divya Mishra), filed u/s 12 of the Hindu Marriage Act, at the earliest within time frame to be stipulated period as fixed by this Hon'ble Court." 2. It is contended by counsel for the petitioner that petition filed under Section 12 of Hindu Marriage Act is pending consideration since 2024. 3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under : "21B. 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 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 petitions filed under Versus Counsel for Petitioner(s) : Awadh Bihari Pandey Counsel for Respondent(s) : Rishabh Dwivedi .....Petitioner(s) Divya Mishra .....Respondent(s) the Act within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Principal Judge, Family Court concerned to proceed in accordance with Section 21B of Act of 1955. 5. Writ petition stands disposed of. September 30, 2026 (V. S. SINGH) A227 No. 13675 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad