SMT. KIRTI ALIAS SALONIversusRAHUL KUMAR

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                MATTERS UNDER ARTICLE 227 No. - 3473 of 2026

Smt. Kirti Alias Saloni
                                                             .....Petitioner(s)
                                   Versus

Rahul Kumar
                                                           .....Respondent(s)

Counsel for Petitioner(s)       : Salma Bano
Counsel for Respondent(s)       : Kuldeep Tripathi, Shiv Shanker Mishra

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 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
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                                             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.


                                                                                        (Manish Kumar Nigam,J.)
                                    March 19, 2026
                                    Nitika Sri.




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad