Anil Tiwari v. Sudha Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12287 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J.

¶1Heard learned counsel for the petitioner and perused the record.

¶2The writ petition has been filed seeking following relief :- "Direct Principal Judge Family Court, Jaunpur may be directed to decide Case No.714 of 2024 (Anil Tiwari Vs. Sudha Tiwari), under section 13 of Hindu Marriage Act, P.S Sujanganj, District Jaunpur, pending before him, within stipulated period."

¶3Contention of learned counsel for the petitioner is that the proceedings under Section 13 of the Hindu Marriage Act are pending since 2024. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to the Principal Judge, Family Court, Jaunpur seized with the proceedings of divorce under Section 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.

¶4Learned 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.

¶5Section 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 Versus Counsel for Petitioner(s) : Vikash Chandra Tiwari Counsel for Respondent(s) :

Anil Tiwari .....Petitioner(s) Sudha Tiwari .....Respondent(s) 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."

¶6In 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.

¶7The Principal Judge, Family Court, Jaunpur 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.

¶8With these observation, this petition is disposed of. October 8, 2025 Ved Prakash A227 No. 12287 of 2025 (Manish Kumar Nigam,J.) High Court of Judicature at Allahabad