[Cites 3, Cited by 0]
Allahabad High Court
Durga Prasad Dixit vs Juhi on 30 January, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:21106
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 1120 of 2026
Durga Prasad Dixit
.....Petitioner(s)
Versus
Juhi
.....Respondent(s)
Counsel for Petitioner(s)
:
Chandra Prakash Singh
Counsel for Respondent(s)
:
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record.
2. The writ petition has been filed seeking following relief :- "issue a order or direction exercising power under Article 227 of Constitution of India and direct the learned Additional Principal Judge, Family Court, Court No.3, Deoria to decide the Hindu Marriage Application/Petition No.1149 of 2022 (Durga Prasad Dixit Vs. Juhi) under section 13 of Hindu Marriage Act, preferably within a period fix by this Hon'ble Court;."
3. Contention of learned counsel for the petitioner is that the proceedings under Section 13 of the Hindu Marriage Act are pending since 2023. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Additional Principal Judge, Family Court, Court No.3, Deoria, seized with the proceedings u/s 13 of the Hindu Marriage Act to decide the same within a stipulated time or in a time frame as may be fixed by this Court.
4. Learned counsel for the petitioner brought attention of the Court to the provision of Section 21-B of the Hindu Marriage Act which contemplates to conclude the trial within six months from the date of service of notice of petition on the respondents.
5. Section 21-B of the Hindu Marriage Act is quoted as under:
"21-B. 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 interest 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 tried 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."
6. In view of the statutory requirement as contemplated under Section 21-B of the Hindu Marriage Act, no useful purpose would be served in keeping this petition pending.
7. The Additional Principal Judge, Family Court, Court No.3, Deoria, is directed to consider and decide the aforesaid pending proceeding before him, in accordance with law, expeditiously, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment, keeping in view the statutory mandate of Section 21-B of the Hindu Marriage Act quoted above. 8. With these observations, this petition is disposed of.
(Manish Kumar Nigam,J.)
January 30, 2026
Rishabh
