Arvind Kumar Vs Smt.Archana

Court No. - 1

Case :- MATTERS UNDER ARTICLE 227 No. - 2894 of 2021

Petitioner :- Arvind Kumar Respondent :- Smt.Archana Counsel for Petitioner :- Krishan Mohan Pandey,Anand Mohan Pandey

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri A.M. Pandey, learned counsel for the petitioner.

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It is contended that the petitioner was married with opposite party according to hindu rites and customs on 28.06.2009. It appears that some matrimonial dispute arose between the parties which led to the filing of the divorce petition under Section 13 of the Hindu Marriage Act which was registered as Case No. 1399 of 2017 (Arvind Kumar vs. Smt. Archana).

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This writ petition has been filed seeking direction upon the the Additional Family Judge, Kanpur Nagar to expedite the said case.

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Section 21B of the Hindu Marriage Act provides as under:-

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"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.

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(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.

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(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"

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In view of above, the Additional Family Judge, Room No. 1, Kanpur Nagar is directed to comply the provisions as given under Section 21B of the Hindu Marriage Act, 1955.

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Writ petition stands disposed of.

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Order Date :- 8.7.2021 V.S.Singh

Arvind Kumar v. Smt.Archana

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Arvind Kumar v. Smt.Archana

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