Ajeet Kumar vs Smt. Nirmala Devi on 16 March, 2026

Allahabad High Court

Ajeet Kumar vs Smt. Nirmala Devi on 16 March, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:52842
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 3206 of 2026   
 
   Ajeet Kumar    
 
  .....Petitioner(s)   
 
 Versus  
 
   Smt. Nirmala Devi    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Manish Kumar, Rajeev Chaddha   
 
  
 
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 :-

SPONSORED

“to issue a order or direction directing the Additional Principal Judge, Family Court-Ist, Gorakhpur to decide the applicant’s suit no. 189 of 2024 Ajeet Kumar Vs. Smt. Nirmala Devi forthwith or within a stipulated time.”

3. Contention of learned counsel for the petitioner is that the proceedings under Section 13(1) 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 Additional Principal Judge, Family Court-Ist, Gorakhpur seized with the proceedings of divorce u/s 13(1) 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-Ist, Gorakhpur 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 an 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.

(Manish Kumar Nigam,J.)

March 16, 2026

Nitika Sri.