Petitioner sought a writ direction to the Family Court, Kanpur to expeditiously decide his divorce petition under Section 13 of the Hindu Marriage Act pending since 2019. The court held Section 21B already mandates speedy disposal within six months and disposed of the petition without issuing any separate direction.
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Neutral Citation No. - 2024:AHC:175318
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 12770 of 2024
Petitioner :- Chandan Singh Respondent :- Smt. Laxmi Counsel for Petitioner :- Mahabir Yadav,Narendra Pal Singh
Hon'ble Rohit Ranjan Agarwal,J.
"1. Issue an order of direction to the learned court below Additional Principal Judge Family Court, Court No. 1 Kanpur to decide the case No. 1285 of 2019( Chandan Singh Vs. Laxmi) filed by the petitioner under section 13 of Hindu Marriage Act within a stipulated period as fixed by this Hon'ble court pending before him since 2019."
"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."
Order Date :- 8.11.2024
V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH V.S.Singh High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ direction should issue to the Family Court to decide the pending divorce petition within a stipulated period.
2 provisions across 1 enactments
Chandan Singh
Smt. Laxmi
Rohit Ranjan Agarwal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
