Disposed¶17

Aditya Kumar Singh v. Nupur Singh

Hindu Marriage Act, 1955 – Sections 13 and 21-B – Constitution of India, Article 227

Allahabad HC24 Jan 2025A227/799/2025

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Allahabad High Court, Neutral Citation 2025:AHC:12870, Matters Under Article 227 No. 799 of 2025, Rohit Ranjan Agarwal J., order dated 24.1.2025 — expeditious disposal of divorce petition under Section 13 Hindu Marriage Act pending before Family Court, Prayagraj; Section 21-B HMA (day-to-day trial, six-month conclusion from service of notice) held to suffice; no separate Article 227 direction issued; petition disposed of.

What did the court decide?

No separate direction fixing a timeline was issued; the Principal Judge, Family Court, Prayagraj was directed to proceed in accordance with Section 21-B of the Hindu Marriage Act, 1955, and the writ petition was disposed of. ¶17

Aditya Kumar Singh vs Nupur Singh — Matrimonial and Divorce | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:12870

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 799 of 2025

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Petitioner :- Aditya Kumar Singh Respondent :- Nupur Singh Counsel for Petitioner :- Hari Shankar Pandey,Karishma

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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 writ petition, order or direction in the nature of directing the Learned Court Learned Additional Principal Family Judge, Prayagraj, Gyanpur to decide the Matrimonial Petition of the petitioner filed before the learned Learned Principal Family Judge, Prayagraj, bearing Matrimonial Case No. 2238 of 2023 (Aditya Kumar Singh Vs. Nupur Singh) u/s-13 of Hindu Marriage Act 1985, pending before Learned Principal Family Judge, Prayagraj, dated 18.11.2023, expeditiously within a stipulated period 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 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

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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 separate direction to the Court concerned.

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The Principal Judge, Family Court 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 :- 24.1.2025 SK Goswami

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

Aditya Kumar Singh v. Nupur Singh

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Aditya Kumar Singh v. Nupur Singh

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