Dr. Praveen Kumar Jhamb v. Tripta Jhamb

Allahabad HC20 Mar 2025A227/2743/2025

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What is this about?

Allahabad High Court; MATTERS UNDER ARTICLE 227 No. 2743 of 2025; Dr. Praveen Kumar Jhamb v. Tripta Jhamb; Rohit Ranjan Agarwal, J.; direction sought to Family Court Gautam Buddha Nagar for expeditious disposal of divorce suit H.M.A. No. 1288 of 2022 pending since 2022; Court relied on Section 21-B Hindu Marriage Act, 1955 (day-to-day trial; six-month timeline); no separate direction issued; writ petition disposed on 21.3.2025.

What did the court decide?

No separate direction issued; writ petition disposed of with the Principal Judge, Family Court, Gautam Buddha Nagar being asked to proceed in accordance with Section 21-B of the Act of 1955. ¶¶17

Dr. Praveen Kumar Jhamb Vs Tripta Jhamb — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:41809

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 2743 of 2025

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Petitioner :- Dr. Praveen Kumar Jhamb Respondent :- Tripta Jhamb

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Counsel for Petitioner :- Akhilesh Kumar,Surendra Kumar Gautam

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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 please to allow the present petition and direct to the learned Principal Judge Family Court Gautam Buddha Nagar to decide the H.M.A No. 1288 OF 2022 (Mrs. Tripta Jhamb Vs. Dr. Praveen Kumar Jhamb) pending before the same, with in stipulated time."

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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 Principal Judge, Family Court, Gautam Buddha Nagar 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 :- 21.3.2025 SK Goswami

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

Dr. Praveen Kumar Jhamb v. Tripta Jhamb

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