Disposed

Aashish Jaiswal v. Smt. Anita Jaiswal

Allahabad HC5 May 2025A227/4482/2025

Case brief

AI extract

What is this about?

Petition seeking direction to the Family Court to expedite disposal of a divorce petition pending since 2020 under Section 13(1) of the Hindu Marriage Act. The Court held that Section 21B already mandates expeditious trial within six months and disposed of the petition without issuing a separate direction.

What did the court decide?

No separate direction issued; Family Court to proceed per Section 21B of the Hindu Marriage Act, 1955.

Aashish Jaiswal vs Smt. Anita Jaiswal — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:71310

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 4482 of 2025

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Petitioner :- Aashish Jaiswal Respondent :- Smt. Anita Jaiswal Counsel for Petitioner :- Aditya Prakash Verma,Shailesh Verma

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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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"1. Issue an order or direction directing to the court of Principal Judge, Family Court, Gorakhpur to conclude the divorce petition being no. 340 of 2020 filed U/s 13(1) of the Hindu Marriage Act, 1955 on 07.07.2020 (Aashish Jaiswal Vs. Smt. Anita Jaiswal), pending before him, within a stipulated time as 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 2020.

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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, Gorakhpur 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 :- 5.5.2025 V.S.Singh

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

Aashish Jaiswal v. Smt. Anita Jaiswal

Case brief

What is this about?

What did the court decide?

Aashish Jaiswal v. Smt. Anita Jaiswal

Case brief

What is this about?

What did the court decide?

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