Allahabad High Court
A227/3473/2026 of SMT. KIRTI ALIAS SALONI Vs RAHUL KUMAR on 18 March 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3473 of 2026 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard Ms. Salma Bano, learned counsel for the petitioner, Sri Kuldeep Tripathi, learned counsel for the respondent and perused the record. 2. The writ petition has been filed
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3473 of 2026
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
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1. Heard Ms. Salma Bano, learned counsel for the petitioner, Sri Kuldeep Tripathi, learned counsel for the respondent and perused the record.
2. The writ petition has been filed seeking following relief :- "a) Issue an order or direction to the Principal Judge Family Court Moradabad to decide the Case no. 593 of 2023 u/s 13 Hindu Marriage Act, Smt. Kirti alias Saloni Vs. Rahul Kumar with alspecific period."
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 Principal Judge Family Court Moradabad seized with the proceedings of divorce 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 Versus Counsel for Petitioner(s) : Salma Bano Counsel for Respondent(s) : Kuldeep Tripathi, Shiv Shanker Mishra Smt. Kirti Alias Saloni .....Petitioner(s) Rahul Kumar .....Respondent(s)
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 Moradabad 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. March 19, 2026 Nitika Sri. A227 No. 3473 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad