Writ petition seeking direction to expedite hearing of a case under Section 9 of the Hindu Marriage Act was dismissed. The court held that specific provisions under Section 21B require compliance by the Family Court without separate writ intervention, leading to dispossession of the plea.
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Neutral Citation No. - 2025:AHC:85558
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 5277 of 2025
Petitioner :- Rajendra Nishad Respondent :- Smt. Seema Counsel for Petitioner :- Ashwani Tiwari,Padmaker Pandey
Hon'ble Rohit Ranjan Agarwal,J.
"1. To Issue appropriate order or direction to the learned Family Court to expedite the hearing and decide the proceeding of Case No (O.S. No.). 110 of 2023 (Rajendra Nishad vs. Smt. Seema), under section 9 of Hindu Marriage Act, pending in the court of Family Court Banda, with in specific time."
"21B. Special provision relating to trial and disposal of petitions under the Act.?
(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.
(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.
(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."
issuing a separate direction to the Court concerned. The Principal Judge, Family Court to proceed in accordance with Section 21B of Act of 1955.
Order Date :- 21.5.2025 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether a separate direction under Article 227 is required for expedited hearing of a petition pending under Section 21B of the Hindu Marriage Act.
Whether the Family Court must expeditiously decide proceedings filed under Section 9 of the Hindu Marriage Act.
3 provisions across 2 enactments
Rajendra Nishad
Smt. Seema
Rohit Ranjan Agarwal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
