Disposed¶16

Rahul Kumar Dubey v. Smt. Nidhi and Another

Allahabad HC20 Mar 2025A227/2671/2025

Case brief

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What is this about?

Article 227 writ petition, Allahabad High Court, Court No. 9; expedited disposal of divorce petition; Principal Judge Family Court Jhansi; Case No.-1171 of 2023; Section-13 Hindu Marriage Act; Section 21B Hindu Marriage Act 1955 special provision relating to trial and disposal; trial within six months from service of notice; appeal within three months; Rahul Kumar Dubey Vs. Smt. Nidhi; pending since 2023; no separate direction necessary; proceed in accordance with Section 21B; writ petition disposed of; order date 20.3.2025; Rohit Ranjan Agarwal.

What did the court decide?

Since the Act of 1955 itself provides for deciding the divorce petition within a fixed period of time, there is no need to issue a separate direction to the Court concerned. ¶14

Rahul Kumar Dubey vs Smt. Nidhi and Another — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:40164

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 2671 of 2025

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Petitioner :- Rahul Kumar Dubey Respondent :- Smt. Nidhi And Another Counsel for Petitioner :- Ashwani Kumar Mishra

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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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"i) Issue an appropriate order or direction, directing the Principal Judge Family Court, Jhansi, District-Jhansi to decide the Case No.-1171 of 2023 (Rahul Kumar Dubey Vs. Smt. Nidhi), file Under Section-13 of Hindu Marriage Act, within stipulated period as this Hon'ble Court may deem fit and proper."

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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

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separate direction to the Court concerned. The Principal Judge, Family Court, District-Jhansi 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 :- 20.3.2025 V.S.Singh

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

Rahul Kumar Dubey v. Smt. Nidhi and Another

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Rahul Kumar Dubey v. Smt. Nidhi and Another

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