[Cites 6, Cited by 0]
Allahabad High Court
Priyanka Kushwaha vs State Of U.P. And Another on 25 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:61453
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3743 of 2026
Priyanka Kushwaha
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s)
:
Mohd Imran Khan
Counsel for Respondent(s)
:
C.S.C.
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Mohammad Imran Khan, learned counsel for the plaintiff-petitioner and learned Standing Counsel for the State.
2. In view of the order which is being proposed to be passed, notices are not being issued to the respondents.
3. The case of the plaintiff-petitioner that earlier proceedings under Section 13 of the Hindu Marriage Act stood instituted and the plaintiff-petitioner herein preferred petition under Article 227 No. 866 of 2022 in which on 04.03.2022, the following orders were passed.-
"Perused the report dated 02.03.2022 submitted by the Additional Principal Judge, Family Court, Court No. 3, Kanpur Nagar. The material part of the report reads:
"?????? 09/09/2021 ?? ?????? ??????? ??? ???????? ?????? ????????? ?? ???????? ???? ???? ????? ???? ???? ?? ???? ????? ????? ?????? 09/11/2021 ?? ????????? ??????? ??? ??????? ??? ??? ???????? ?????? ?????? ???? ??? ?? ?????? ????????? ?? ??????? ?? ????? ?????? ???? ?????? 09/11/2021 ? ?????? ???? ???? 07/12/2021 ?? ?????? ?? ??????? ? ???? ?? ???? ????????? ?? ??????? ??? ?????? ??????? ???? ?? ?? ????
?????? 05/01/2021 ?? ??? ???? ??????? ??? ??? ????????? ?????? ???????? ???????? ???? ???, ?????????? ?????? 25/01/2022 ????????? ????? ???? ???? ?? ?? ???? ?????? 25/01/2022 ?? ?????? ??????? ?? ???? ???????? ????? ??? ?? ??????? ? ???? ?? ???? ??? ?????????? ?? ???????? ??? ?????? ?????? ???? ?? ???? ?????? 28/02/2022 ?? ???? ???? ?? ????
?????? 28/02/2022 ?? ?????? ??? ????????? ???????? ??? ??????? ???? ???????? ?????? ??????????? ?? ????? ???? ??? ??? ???????? ?????? 22/03/2022 ?? ??????? ??? ???? ?? ?? ??? ???"
A perusal of the said report shows that issues have been framed and the petition has been set down for trial, the next dated scheduled being 22.03.2022.
Matrimonial matters are inherently urgent in nature in the sense that these effect the life of the estranged spouses, profoundly. These ought to be decided with utmost expedition. The proceedings here are a divorce petition, where much depends upon the outcome of proceedings the manner in which the future life of parties would be spent.
Looking to the nature of the order that this Court proposes to pass, issue of notice to the private respondent is dispensed with. However, in case the said respondent feels aggrieved, it will be open to him to make an application in the decided petition.
The learned Additional Principal Judge, Family Court, Court No. 3, Kanpur is ordered to proceed with the trial of the suit on and after the next date fixed, that is to say, 22.03.2022 in the manner that two effective dates of hearing shall be fixed in every week and the Family Court shall decide the petition within a period of six months of the date of receipt of a copy of this order, in accordance with law, after hearing the parties.
This petition is disposed of in terms of the aforesaid orders."
4. Thereafter, the said proceedings were withdrawn and proceedings under Section 13B of the Hindu Marriage Act stood preferred and the petitioner herein preferred a petition under Article 227 No. 6478 of 2025 in which on 10.07.2025, the following orders were passed.-
"1. Heard learned counsel for the parties and perused the record.
2. The writ petition has been filed seeking following relief :-
"issue a direction to the court of Principal Judge, Court no. 02 Kanpur Nagar to conclude the proceeding/trial of Case No. 284 of 2023 (Rajnarayan Kushwaha vs. Priyanka Kushwaha) U/s 13B of Hindu Marriage Act, District Kanpur Nagar within stipulated period fixed by this Hon'ble Court."
3. Contention of learned counsel for the petitioner is that the proceedings of Case No. 284 of 2023 (Rajnarayan Kushwaha vs. Priyanka Kushwaha) U/s 13B of 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 Principal Judge, Family Court, Court no. 02 Kanpur Nagar seized with the proceedings of divorce u/s 13B 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 Principal Judge, Family Court, Court no. 02 Kanpur Nagar is directed to consider and decide the aforesaid pending proceeding before him, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that 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 observation, this petition is disposed of."
5. Accordingly, the petition stands disposed of requiring the Court of Principal Judge, Family Court, Kanpur Nagar to expedite the proceedings of the Case No. 453 of 2025 under Section 13 of the Hindu Marriage Act as per the mandate contained in Section 21B of the Hindu Marriage Act.
(Vikas Budhwar,J.)
March 25, 2026
Rajesh
