Disposed¶17

Vijay Singh Chauhan v. Smt. Radha Devi

Allahabad HC11 Feb 2025A227/1057/2025

Case brief

AI extract

What is this about?

Expeditious disposal of long-pending divorce proceeding; writ petition under Article 227; Section 21-B Hindu Marriage Act 1955 (day-to-day trial; six-month conclusion of petitions; three-month conclusion of appeals); Section 13(1) HMA divorce petition; Additional Principal Judge Family Court Kanpur Dehat; case no. 17/2018; Vijay Singh Chauhan vs. Smt. Radha Devi; no separate direction needed where statute itself fixes timelines; Family Court directed to proceed per Section 21B; writ petition disposed of.

What did the court decide?

No separate expedited-disposal direction was issued; the writ petition was disposed of with the direction that the Additional Principal Judge, Family Court, Kanpur Dehat proceed in accordance with Section 21B of the Act of 1955. ¶17

Vijay Singh Chauhan vs Smt. Radha Devi — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the High Court should issue an order or direction to the Additional Principal Judge, Family Court, Kanpur Dehat to decide the pending divorce proceeding (case no. 17/2018 under Section 13(1), Hindu Marriage Act, 1955, Vijay Singh Chauhan vs. Smt. Radha Devi) expeditiously, specifically within one month.

¶6

Court's answer

As the Act of 1955 itself provides for deciding the divorce petition within a fixed period of time (Section 21-B requires, so far as practicable, continuation of the trial from day to day and an endeavour to conclude every petition within six months from service of notice of the petition on the respondent), there is no need for issuing a separate direction to the Court concerned for expedited disposal.

¶15

Ratio / Principle

The Additional Principal Judge, Family Court, Kanpur Dehat is directed to proceed in accordance with Section 21B of the Act of 1955.

¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Rohit Ranjan Agarwal, J.), MATTERS UNDER ARTICLE 227 No. 1057 of 2025, order dated 11.2.2025. Petitioner Vijay Singh Chauhan sought a writ direction commanding the Additional Principal Judge, Family Court, Kanpur Dehat to decide, within one month, his divorce proceeding — case no. 17/2018 under section 13(1) of the Hindu Marriage Act, 1955 against Smt. Radha Devi — pending since 2018. Holding: as section 21-B of the Act of 1955 itself provides for deciding the divorce petition within a fixed period (trial continued day-to-day so far as practicable; endeavour to conclude every petition within six months from service of notice on the respondent), there was no need for a separate direction to the Court concerned. The Family Court was directed to proceed in accordance with Section 21B of the Act of 1955, and the writ petition stood disposed of.

¶1

Neutral Citation No. - 2025:AHC:19693

¶2

Court No. - 9

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 1057 of 2025

¶4

Petitioner :- Vijay Singh Chauhan Respondent :- Smt. Radha Devi Counsel for Petitioner :- Kamla Singh,Pankaj Dwivedi

¶5

Hon'ble Rohit Ranjan Agarwal,J.

¶6

This writ petition has been filed with the following prayer:

¶7

"i) Issue an order or direction directing the learned Addl. Principal Judge Family Court Kanpur Dehat to decide the proceeding of case no. 17/2018 under section 13(1) of Hindu Marriage Act, 1955 (Vijay Singh Chauhan vs. Smt. Radha Devi) expeditiously as possible within one month."

¶8

It is contended by counsel for the petitioner that divorce petition is pending consideration since 2018.

¶9

Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under :

¶10

"21-B. Special provision relating to trial and disposal of petitions under the Act.?

¶11

(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.

¶12

(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.

¶13

(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."

¶14

As the Act of 1955 itself provides for deciding the divorce petition

¶15

within fixed period of time, there is no need for issuing a separate direction to the Court concerned.

¶16

The Additional Principal Judge, Family Court, Kanpur Dehat to proceed in accordance with Section 21B of Act of 1955.

¶17

Writ petition stands disposed of.

¶18

Order Date :- 11.2.2025 SK Goswami

¶19

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Vijay Singh Chauhan v. Smt. Radha Devi

Case brief

What is this about?

What did the court decide?

Vijay Singh Chauhan v. Smt. Radha Devi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

M/S Sushma Devi Wooden Block Maker vs State of U.P. and 3 Others

Kaushalendra Pratap Singh vs Smt. Vidya Devi

Ramnaresh Since Deceased and 3 Others vs Indal

Nazim vs State of U.P.

Badelal and 21 Others vs Gram Panchayat Thanapur,Pargana Sikandara, Tehsil Phoolpur, District Prayagraj Throught Its Pradhan

Badshah Ali vs Sarfaraz Ahmad