Neutral Citation No. - 2024:AHC:26687
Court No. - 52 Case :- MATTERS UNDER ARTICLE 227 No. - 1001 of 2024
Petitioner :- Sachin Chaudhary
Respondent :- Priyanka Chaudhary
Counsel for Petitioner :- Amit Kumar
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 :-
"(i) Direct the learned Principal Judge, Family Court, Noida, Gautam Budh Nagar to decide the Case No. 493/2022 (Sachin Chaudhary Vs. Priyanka Chaudhary) under Section 13 (1)(ia) of Hindu Marriage Act, pending before him expeditiously/within stipulated period fixed by this Hon'ble Court."
3. Contention of learned counsel for the petitioner is that the proceedings under Section 13(1) (IA) of the Hindu Marriage Act are pending since 2022. It has been further contended by learned counsel for the petitioner that opposite party has appeared before the court below and appropriate directions be issued to the Principal Judge Family Court, Agra seized with the proceedings of divorce u/s 13(1) (IA) 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."
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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, Noida, Gautam Budh 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 and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment, keeping in view of the statutory mandate of Section 21-B of the Hindu Marriage Act quoted above.
8. With these observation, this petition is disposed of. Order Date :- 16.2.2024
Ruhi H.
(Manish Kumar Nigam, J.)
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