Allahabad High Court
Kushank Agrawal vs Smt. Neha Agrawal on 23 May, 2023
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:113225 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4901 of 2023 Petitioner :- Kushank Agrawal Respondent :- Smt. Neha Agrawal Counsel for Petitioner :- Subodh Kumar Rai,Rajiv Gupta Hon'ble Prakash Padia,J.
Civil Misc. Amendment Application No. 02 of 2023:-
1. It is informed by the counsel for the petitioner that pursuant to the order passed by this Court, amendment application has already been filed by him in the registry on 22.05.2023 but the same is not on record.
2. The aforesaid amendment application has been summoned by me and after going through the same, the Court is of the opinion that same is liable to be allowed and is hereby allowed.
3. Counsel for the petitioner is permitted to make necessary amendment in the petition during the course of the day.
Order on Petition:-
1. Heard learned counsel for plaintiff-petitioner and perused the record.
2. The basic relief sought by the petitioner in the present petition filed under Article 227 of the Constitution of India is to direct the Principal Judge, Family Court, Ghaziabad, District Ghaziabad to decide the Suit No. 1237 of 2020 (Kushank Agrawal vs. Smt. Neha Agrawal), expeditiously.
3. It is argued by learned counsel for the petitioner that as per the provisions contained under Section 21-B of the Hindu Marriage Act, 1955, the trial under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. Learned counsel for petitioner has relied upon the sub-section (2) of Section 21-B of the Hindu Marriage Act. Sub-Section (2) of Section 21-B of Hindu Marriage Act, 1955 is quoted as under:-
"(2) Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent."
4. In this view of the matter, it is argued that the court below is duty bound to consider the aforesaid case expeditiously as per the provisions contained under Section 21-B (2) which is quoted as above.
5. Having regard to the facts and circumstances of the case and the submission made by learned counsel for the petitioner, but without prejudice to the merits of the case, the instant petition is finally disposed of with a direction to the court below to make every endeavor to decide the aforesaid case expeditiously, without granting any unnecessary adjournments to either of the parties, if there is no other legal impediment.
Order Date :- 23.5.2023 Swati