Allahabad High Court
ABHAY SINGHversusSMT. ARTI DEVI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed as Section 21B of the Hindu Marriage Act, 1955 already requires the family court to dispose of the divorce petition within the prescribed period, obviating the need for a separate direction.
Summary
Petitioner Abhay Singh filed a writ petition under Article 227 seeking a court order directing the Principal Family Court, Kanpur Dehat, to decide his divorce case (No. 279 of 2024) under the Hindu Marriage Act, 1955 within a stipulated period. The petitioner argued that the divorce petition had been pending since 2024. The Court examined Section 21B of the Hindu Marriage Act, which mandates that petitions be tried expeditiously and concluded within six months of service of notice. It held that the statutory provision itself obliges the family court to dispose of the case within the prescribed time, rendering a separate writ direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a writ petition can be entertained to direct a family court to decide a divorce petition within a stipulated period when Section 21B of the Hindu Marriage Act already mandates such expeditious disposal
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Hindu Marriage Act
- Section 21B
- family court
- expeditious disposal
- writ petition
- Article 227
- divorce
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12178 of 2026
Abhay Singh
.....Petitioner(s)
Versus
Smt. Arti Devi
.....Respondent(s)
Counsel for Petitioner(s) : Rajeev Singh
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) Direct the Principle Family Court Kanpur Dehat to decide case No
279 of 2024 (Abhay Singh Vs. Smt. Arti Devi) Hindu Marriage Act 1955
under section 13, within stipulated period as fixed by this Hon'ble Court
in accordance with law."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2024.
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. 12178 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 to
proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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