Disposed

Salil Pathak v. Smt. Shivangi Gupta and Another

Allahabad HC10 Jan 2025A227/207/2025

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a direction to the Family Court to decide a pending divorce petition under Section 13 of the Hindu Marriage Act within three months. The court held that Section 21B mandates speedy disposal, making a separate direction unnecessary.

What did the court decide?

The writ petition was disposed of; no direction beyond proceeding in accordance with Section 21B was issued.

Salil Pathak vs Smt. Shivangi Gupta and Another — Matrimonial and Divorce | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:5699

¶2

Court No. - 9

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 207 of 2025

¶4

Petitioner :- Salil Pathak Respondent :- Smt. Shivangi Gupta And Another Counsel for Petitioner :- Bal Ram Gupta Counsel for Respondent :- C.S.C.

¶5

Hon'ble Rohit Ranjan Agarwal,J.

¶6

This writ petition has been filed with the following prayer:

¶7

"(i) Issue a writ, order or direction in the nature of appropriate writ directing the learned lower Court/Addl. Principal Judge, Family Court, Court No.3, Kanpur Nagar to decide the Matrimonial Case bearing Case No.3292 of 2023 [Salil Pathak Vs. Shivangi Gupta) under Section 13 of Hindu Marriage Act pending before him forthwith finally on day to day basis within stipulated period of time, if possible within a period of three months."

¶8

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

¶9

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

¶10

"21B. 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

¶15

petition within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Addl. Principal Judge, Family Court, Court No.3, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955.

¶16

Writ petition stands disposed of.

¶17

Order Date :- 10.1.2025 V.S.Singh

¶18

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

Salil Pathak v. Smt. Shivangi Gupta and Another

Case brief

What is this about?

What did the court decide?

Salil Pathak v. Smt. Shivangi Gupta and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hem Nath Dev vs Jay Shankar Chaubey

M/S Paras Das Jain and Sons Steels Pvt. Ltd. and 4 Others vs Punjab National Bank and Another

Dushwant Singh and 3 Others vs State of U.P. and 2 Others

Vaibhav Trivedi vs Smt. Varsha Trivedi

Mukesh Kumar Keshari vs Brijesh Chaubey and 6 Others

Smt Sushma Rani and Another vs Smt. Kavita and Another