Disposed¶16

Smt. Gudiya Devi v. Rakesh Kumar Vishwakarm

Allahabad HC27 Feb 2025A227/1941/2025

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What is this about?

Gudiya Devi v. Rakesh Kumar Vishwakarma; High Court of Judicature at Allahabad; MATTERS UNDER ARTICLE 227 No. - 1941 of 2025; Neutral Citation 2025:AHC:27358; decided 27.2.2025 by Rohit Ranjan Agarwal, J.; expeditious disposal of divorce petition; direction to Family Court Banda; Original Case No. 515 of 2023; Section 13 Hindu Marriage Act; Section 21B Hindu Marriage Act 1955; six-month timeline for trial; no separate direction needed where statute fixes time limit; writ petition disposed of.

What did the court decide?

No stipulated-timeframe direction was issued; the Principal Judge, Family Court, Banda was directed to proceed in accordance with Section 21B of the Act of 1955, and the writ petition was disposed of. ¶16

Smt. Gudiya Devi vs Rakesh Kumar Vishwakarm — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:27358

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 1941 of 2025

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Petitioner :- Smt. Gudiya Devi Respondent :- Rakesh Kumar Vishwakarm Counsel for Petitioner :- Devesh Kumar Gupta

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Hon'ble Rohit Ranjan Agarwal,J.

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This writ petition has been filed with the following prayer:

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"(a) issue a direction, directing the Principal Judge Family Court Banda to decide the Original Case No. 515 of 2023 (Smt. Gudiya Devi Vs. Rakesh Kumar Vishwakarma) under section 13 of Hindu Marriage Act within stipulated period as fixed by this Hon'ble Court."

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It is contended by counsel for the petitioner that divorce petition is pending consideration since 2023.

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

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

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(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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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, Banda to proceed in accordance with Section 21B of

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Act of 1955.

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Writ petition stands disposed of.

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Order Date :- 27.2.2025 V.S.Singh

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Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Smt. Gudiya Devi v. Rakesh Kumar Vishwakarm

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Smt. Gudiya Devi v. Rakesh Kumar Vishwakarm

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