Ram Bahadur vs Additional Principal , Family ...
2012 Latest Caselaw 4509 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1846 of 2012
 

 
Petitioner :- Ram Bahadur
 
Respondent :- Additional Principal , Family Judge And Another
 
Petitioner Counsel :- Radhey Shyam Yadav
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioner.

The petitioner-wife has filed Matrimonial Petition No.839 of 2010 (Ram Bahadur Vs. Jadawati) under Section 13 of the Hindu Marriage Act. She has preferred this petition for a direction upon respondent No.1, Additional Principal Judge, Family Court, Allahabad to decide the aforesaid petition expeditiously within a time bound period.

Section 21-B of the Hindu Marriage Act, 1955 clearly lays down that the trial of a petition under this Act shall, so far as is practicable, be continued from day to day until its conclusion and every petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

Thus, the aforesaid provision mandates for the disposal/decision on a petition under the Act within a period of six months from the date of service of notice upon the other side.

In view of above facts and circumstances, the petition is disposed of within the direction to the court concerned to proceed with the suit in accordance with mandate of Section 21-B of the Hindu Marriage Act to conclude its trial as expeditiously as possible within a period of six months from the date of production of certified copy of this order, provided there is no legal impediment in deciding the same.

Order Date :- 26.9.2012

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