Disposed¶17

Pradeep Kumar Yadav v. Smt. Shashi Yadav

Allahabad HC18 Apr 2025A227/3833/2025

Case brief

AI extract

What is this about?

Article 227 matter, Allahabad High Court, decided 18.4.2025 by Rohit Ranjan Agarwal, J.; husband sought direction for expeditious (six-month) disposal of divorce petition under Section 13 Hindu Marriage Act, 1955 (Case No. 2524 of 2023) pending before Additional Principal Judge, Family Court, Court No. 2, Kanpur Nagar; Court held Section 21-B HMA already mandates expeditious trial within six months, so no separate direction needed; Family Court to proceed per Section 21B; writ petition disposed.

What did the court decide?

Writ petition disposed of with the observation that the Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar proceed in accordance with Section 21B of the Act of 1955; no separate direction fixing a timeline was issued. ¶17

Pradeep Kumar Yadav vs Smt. Shashi Yadav — Matrimonial and Divorce | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:57465

¶2

Court No. - 9

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 3833 of 2025

¶4

Petitioner :- Pradeep Kumar Yadav Respondent :- Smt. Shashi Yadav Counsel for Petitioner :- Anand Kumar Singh

¶5

Hon'ble Rohit Ranjan Agarwal,J.

¶6

This writ petition has been filed with the following prayer:

¶7

"(A)- Issue a direction to learned court concerned to decide the Case No. 2524 of 2023 (Pradeep Kumar Yadav Vs Smt. Shashi Yadav) Under Section 13 of Hindu Marriage Act, 1955, pending in the court of learned Additional Principal Judge, Family Court, Court No. 2, Kanpur Nagar, as early as possible if possible in six months."

¶8

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

¶9

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

¶10

"21-B. 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 petition

¶15

within fixed period of time, there is no need for issuing a separate direction to the Court concerned.

¶16

The Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar to proceed in accordance with Section 21B of Act of 1955.

¶17

Writ petition stands disposed of.

¶18

Order Date :- 18.4.2025 SK Goswami

¶19

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

Pradeep Kumar Yadav v. Smt. Shashi Yadav

Case brief

What is this about?

What did the court decide?

Pradeep Kumar Yadav v. Smt. Shashi Yadav

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ganga Prasad Pandey Vs Sushil and 4 Others

Smt. Munni and 14 Others vs State of U.P. and 3 Others

Nithohar vs Chhotkun (Deceased) and 17 Others

Hovind Prakash vs Ankit Agrawal, Director, Directorate of Minority Welfare, Govt. of U.P.

Ajay Kumar Yadav vs Smt. Rampatti Devi and Another

Ganga Prasad Pandey Vs Sushil and 4 Others