Disposed¶17

Ravindra Singh Sisodiya v. Parul Raghav

Allahabad HC15 Jan 2025A227/281/2025

Case brief

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What is this about?

Article 227; Hindu Marriage Act 1955; Section 21-B special provision for trial and disposal; Section 13(1)(ia) divorce on cruelty ground; expeditious conclusion of divorce petition within six months of service of notice; day-to-day trial; Family Court Gautam Budh Nagar; Original Suit No. 954 of 2023; writ petition disposed of without separate expedition direction; Allahabad High Court; Rohit Ranjan Agarwal J.; order dated 15.1.2025; neutral citation 2025:AHC:6536.

What did the court decide?

The Principal Judge, Family Court to proceed in accordance with Section 21B of Act of 1955; no separate direction for expedition issued. ¶17

Ravindra Singh Sisodiya vs Parul Raghav — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:6536

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 281 of 2025

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Petitioner :- Ravindra Singh Sisodiya Respondent :- Parul Raghav Counsel for Petitioner :- Dharmendra Kumar Singh

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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. To, direct the learned Principal Judge, Family Court, Gautam Budh Nagar to conclude/ decide the original suit (divorce petition) no.954 of 2023 (Ravindra Vs. Parul) under section 13(1) (ia) of Hindu Marriage Act pending before him expeditiously within a short time so fixed 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

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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 :- 15.1.2025 SK Goswami

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

Ravindra Singh Sisodiya v. Parul Raghav

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Ravindra Singh Sisodiya v. Parul Raghav

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