Disposed¶17

Chokhe Lal v. Sarswati

Allahabad HC7 Mar 2025A227/2254/2025

Case brief

AI extract

What is this about?

Expeditious disposal of divorce petition; Section 21-B Hindu Marriage Act 1955; trial to conclude within six months from service of notice; no separate direction or fixed timeline needed where statute prescribes timeline; Family Court Bareilly; Article 227 jurisdiction; writ petition disposed.

What did the court decide?

Writ petition disposed of with a direction that the Additional Principal Judge III, Family Court, Bareilly proceed in accordance with Section 21-B of the Hindu Marriage Act, 1955; no separate stipulated period was fixed by the Court. ¶17

Chokhe Lal vs Sarswati — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:33537

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 2254 of 2025

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Petitioner :- Chokhe Lal Respondent :- Sarswati Counsel for Petitioner :- Pratima Pandey,Sushil Kumar Pandey

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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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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

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To direct the Court of Additional Family Judge, III, Bareilly to decide the Case No: 1117 of 2022, Chokhe Lal Versus Sarswati, under Section 12 of Hindu Marriage Act, 1955, pending before him as expeditiously as possible within a stipulated period as directed by this Hon'ble Court."

¶9

It is contended by counsel for the petitioner that divorce petition is pending consideration since 2022.

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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 Additional Principal Judge III, Family Court, Bareilly 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 :- 7.3.2025 SK Goswami

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

Chokhe Lal v. Sarswati

Case brief

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Chokhe Lal v. Sarswati

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