Disposed¶17

Manish Singh v. Smt. Bhavna Tiwari

Allahabad HC6 May 2025A227/4587/2025

Case brief

AI extract

What is this about?

Article 227 writ disposed; expedited trial of matrimonial petition; Section 9 Hindu Marriage Act, 1955 case pending before Family Court-04, Prayagraj since 2024; Section 21-B HMA six-month expeditious-disposal mandate held sufficient, no separate time-bound direction issued.

What did the court decide?

No separate time-bound direction issued; the Additional Principal Judge, Family Court-04, Prayagraj directed to proceed in accordance with Section 21-B of the Act of 1955; writ petition disposed of. ¶17

Manish Singh vs Smt. Bhavna Tiwari — Matrimonial and Divorce | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:72243

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 4587 of 2025

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Petitioner :- Manish Singh Respondent :- Smt. Bhavna Tiwari Counsel for Petitioner :- Prakash Tripathi

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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 trial Court to decide the Matrimonial Case No.211 of 2024 (Manish Singh Versus Smt. Bhavna Tiwari) filed by the plaintiff-petitioner under Section 9 of Hindu Marriage Act, 1955, pending before Additional Principal Judge Family Court-04, Prayagraj, within stipulated time period so fixed by this Hon'ble Court"

¶8

It is contended by counsel for the petitioner that divorce petition is pending consideration since 2024.

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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.

¶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.

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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."

¶14

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 Additional Principal Judge Family Court-04, Prayagraj to proceed in accordance with Section 21B of Act of 1955.

¶17

Writ petition stands disposed of.

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Order Date :- 6.5.2025 SK Goswami

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

Manish Singh v. Smt. Bhavna Tiwari

Case brief

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Manish Singh v. Smt. Bhavna Tiwari

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