Smt. Khushboo Vishnoi v. Pavan Vishnoi
Case at a glance
Provisions considered
Judgment
Petitioner :- Smt. Khushboo Vishnoi Respondent :- Pavan Vishnoi Counsel for Petitioner :- Prashant Kumar Singh Hon'ble Prakash Padia,J.
Heard learned counsel for petitioner and perused the record.
The basic relief sought by the petitioner in the present petition filed under Article 227 of the Constitution of India is to direct the Additional Principal Judge, Family Court, Kanpur Nagar, to decide the proceeding of Case No.1281/2022 (Smt. Khushbu Vishnoi vs. Pavan Vishnoi) expeditiously.
It is argued by learned counsel for the petitioner that as per the provisions contained under Section 21-B of the Hindu Marriage Act, 1955, the trial 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. Learned counsel for petitioner has relied upon the sub-section (2) of Section 21-B of the Hindu Marriage Act. Sub-Section (2) of Section 21-B of Hindu Marriage Act, 1955 is quoted as under:- "(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. "
In this view of the matter, it is argued that the court below is duty bound to consider the aforesaid case expeditiously as per the provisions contained under Section 21-B (2) which is quoted as above.
Having regard to the facts and circumstances of the case and the submission made by learned counsel for the petitioner, but without prejudice to the merits of the case, the instant petition is finally disposed of with a direction to the court below to make every endeavour to decide the aforesaid case expeditiously, without granting any unnecessary adjournments to either of the parties, if there is no other legal impediment. Order Date :- 23.5.2023 S.K. SWEETY KANOJIA High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Hindu Marriage Act, 1955.
Which court decided this case, and when?
Allahabad High Court, on 23 May 2023. The bench was PRAKASH PADIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.