Disposed¶17

Anurag Lamba v. Smt. Gudia

Allahabad HC21 Apr 2025A227/3893/2025

Case brief

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What is this about?

Article 227 - expeditious disposal of divorce petition - Section 21-B Hindu Marriage Act, 1955 - trial to conclude within six months from service of notice - Suit No. 1178 of 2023, Family Court, Saharanpur - no separate direction needed where the statute itself prescribes a time limit - writ petition disposed of - High Court of Judicature at Allahabad, 21.4.2025, Rohit Ranjan Agarwal, J., Neutral Citation 2025:AHC:58399.

What did the court decide?

Writ petition disposed of; no separate direction issued - the Principal Judge, Family Court, Saharanpur to proceed in accordance with Section 21-B of the Hindu Marriage Act, 1955. ¶17

Anurag Lamba vs Smt. Gudia — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:58399

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 3893 of 2025

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Petitioner :- Anurag Lamba Respondent :- Smt. Gudia Counsel for Petitioner :- Avinash 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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"(i) issue a direction to learned Principal Jude Family Court, Saharanpur to decide the Suit No. 1178 of 2023 (Anurag Lamba vs. Smt. Gudia), Under Section 13 Hindu Marriage Act, 1955, District- Saharanpur, Pending in the court of learned Principal Judge, Family Court, Saharanpur within stipulated time."

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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, Saharanpur 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 :- 21.4.2025 SK Goswami

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

Anurag Lamba v. Smt. Gudia

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Anurag Lamba v. Smt. Gudia

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