Allahabad High Court
Aditya Mittal vs Smt. Shikha Gupta on 27 March, 2025
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:43918 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3022 of 2025 Petitioner :- Aditya Mittal Respondent :- Smt. Shikha Gupta Counsel for Petitioner :- Satyendra Nath Tripathi Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"(a) Issue an order or direction directing the Principal Judge, Family Court, Gautam Budh Nagar to decide the Original Suit No.550 of 2024 Aditya Mittal Vs. Smt. Shikha Gupta, filed by petitioner under section 13(1)(i) and (i-a) of Hindu Marriage Act, 1955, expeditiously, as early as possible or within a stipulated period as 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 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 divorce petition within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Principal Judge, Family Court, Gautam Buddh Nagar to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of.
Order Date :- 27.3.2025 V.S.Singh