Allahabad High Court
A227/13263/2026 of KAPIL BHARDWAJ Vs NISHU KUMAR on 22 September 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13263 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer: "(i) Issue a directions to the Learned Judge, Family Court-5, Ghaziabad, to hear and decide HMA Case No. 2979
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13263 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. This writ petition has been filed with the following prayer: "(i) Issue a directions to the Learned Judge, Family Court-5, Ghaziabad, to hear and decide HMA Case No. 2979 of 2024 (Kapil Bhardwaj vs. Neeshu Kumari) along with all pending interlocutory applications (including Order XII Rule 6 CPC application) expeditiously, within a period of 3 months, on a day-to-day basis without granting any unnecessary adjournments to either party."
2. It is contended by counsel for the petitioner that petition filed under Section 11 of Hindu Marriage Act is pending consideration since 2024.
3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under : "21B. 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 interests 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 heard 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." Versus Counsel for Petitioner(s) : Atul Srivastava Counsel for Respondent(s) :
Kapil Bhardwaj .....Petitioner(s) Nishu Kumar .....Respondent(s)
4. As the Act of 1955 itself provides for deciding the petitions filed under the Act within fixed period of time, there is no need for issuing a separate direction to the Court concerned. The Principal Judge, Family Court concerned to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. September 23, 2026 (V. S. SINGH) A227 No. 13263 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad