Disposed

Vaibhav Trivedi v. Smt. Varsha Trivedi

Allahabad HC10 Jan 2025A227/204/2025

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition under Article 227 seeking a directed disposal of a pending divorce petition. The Court held that since Section 21-B of the Hindu Marriage Act already mandates speedy trial, no separate direction was required beyond instructing the Principal Judge to proceed in accordance with that section.

What did the court decide?

Writ petition disposed; Principal Judge, Family Court directed to proceed under Section 21-B of the Hindu Marriage Act, 1955.

Vaibhav Trivedi vs Smt. Varsha Trivedi — Service and Employment | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:5860

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 204 of 2025

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Petitioner :- Vaibhav Trivedi Respondent :- Smt. Varsha Trivedi Counsel for Petitioner :- Sharda Prasad Mishra,Subhash Chandra Maurya

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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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"Direct the learned Court below to decide the Case No. 2357 of 2023 (Vaibhav Trivedi Vs. Smt. Varsha Trivedi) U/s 13A of Hindu Marriage Act, which is pending before the Court of Additional Judge Family Court, Kanpur Nagar, expeditiously, within a stipulated period as may be directed 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 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under :

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"21-B. 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.

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

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Writ petition stands disposed of.

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Order Date :- 10.1.2025 SK Goswami

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

Vaibhav Trivedi v. Smt. Varsha Trivedi

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Vaibhav Trivedi v. Smt. Varsha Trivedi

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