Writ petition under Article 227 seeking direction for expeditious disposal of a pending Section 13(1)(i) under Hindu Marriage Act, 1955 case. Court directed Family Court to comply with Section 21B timeframes.
Family Court directed to comply with Section 21B of Hindu Marriage Act, 1955.
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Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 1401 of 2020
Petitioner :- Pradeep Kumar Respondent :- Smt. Deepa Chandravanshi Counsel for Petitioner :- Abhishek Tiwari,Saumitra Dwivedi
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed with the following prayer:-
"Issue order or direction commanding the learned Family Court, Allahabad to decide the Case No. 1054 of 2012 (Pradeep Kumar Versus Smt. Deepa Chandravanshi), registered under Section 13(1)(i-Ka)(i-Ka) of Hindu Marriage Act, 1955, as expeditiously as possible and within stipulated period of time to be fixed by this Hon'ble Court as it deem fit."
Record of the case reveals that petitioner was married with respondent no. 1 on 15.02.2006 but due to matrimonial dispute, petitioner had filed an application under Section 13 (1) (i-Ka) of Hindu Marriage Act, 1955 which is pending consideration before the Family Judge, Family Court, Allahabad. The sole prayer is for early disposal of the application.
Section 21B of the Hindu Marriage Act 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"
In view of above, the Family Judge, Family Court, Allahabad is directed to comply the provisions as given under Section 21B of the Hindu Marriage Act, 1955.
Writ petition stands disposed of.
Order Date :- 12.7.2021 V.S.Singh
1 issue framed by the court
Whether the Family Court is directed to dispose of the Hindu Marriage Act petition within the time limit under Section 21B.
1 provisions across 1 enactments
Pradeep Kumar
Smt. Deepa Chandravanshi
Rohit Ranjan Agarwal
V. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
