Allahabad High Court
NISHANT KUMAR VIVEKversusSMT. APOORVA SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that Section 21B of the Hindu Marriage Act, 1955 already mandates timely disposal of divorce petitions, so no separate direction is required and the writ petition is dismissed.
Summary
The petitioner, Nishant Kumar Vivek, filed a writ petition under Article 227 seeking a court order directing the Principal Judge of the Family Court, Gautam Budh Nagar, to decide a pending divorce petition (Misc. Civil Case No. 236 of 2025) within a stipulated period. The petition argued that the divorce case had been pending since 2025. The court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that divorce petitions be tried expeditiously and concluded within six months of service of notice. The court held that this statutory provision already obliges the family court to dispose of the case within the prescribed time, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a writ petition can compel a family court to decide a divorce petition within a stipulated period when Section 21B of the Hindu Marriage Act, 1955 already provides a timeline.
- Whether the statutory provision of Section 21B is sufficient to ensure expeditious disposal without a separate court direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1)(a), 21B
Subjects
- Hindu Marriage Act
- Section 21B
- divorce
- family court
- expeditious trial
- writ petition
- Article 227
- judicial direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 11884 of 2026
Nishant Kumar Vivek
.....Petitioner(s)
Versus
Smt. Apoorva Singh
.....Respondent(s)
Counsel for Petitioner(s) : Abhinav Gaur, Vibhu Rai
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"(i) issue an appropriate order or direction directing Principal Judge,
family Court, Gautam Budh Nagar to decide Misc. civil case No. 236 of
2025, Nishant Kumar Vs. Smt. Apoorva Singh, instituted under Section
13(1)(a) of the Hindu Marriage Act, 1955 pending before him, within a
stipulated period as directed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2025.
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."
A227 No. 11884 of 2026
2
4. As the Act of 1955 itself provides for deciding the divorce petition
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.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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