Allahabad High Court
NIRNIMESH SINGHversusPRAGYA SINGH AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that Section 21B of the Hindu Marriage Act, 1955 already mandates expeditious disposal, so no separate direction is required and the writ petition stands disposed.
Summary
The petitioner, Nirnimesh Singh, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Gautam Budh Nagar, to expedite the disposal of his pending divorce petition (Case No. 840 of 2024) within a stipulated period. The petitioner argued that the divorce petition had been pending since 2024, causing undue delay. 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. It held that the statutory provision itself obliges the family court to adhere to the prescribed timeline, rendering a separate court direction unnecessary. Consequently, the writ petition was dismissed as there was no need for additional orders. The petition was therefore disposed of.
Issues considered
- Whether the Family Court should be directed by a writ petition to decide a pending divorce petition within a stipulated period despite the provisions of Section 21B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- divorce
- family court
- expeditious trial
- Section 21B
- writ petition
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12186 of 2026
Nirnimesh Singh
.....Petitioner(s)
Versus
Pragya Singh And Another
.....Respondent(s)
Counsel for Petitioner(s) : Tarun Agarwal
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may be
pleased to direct the Principal Judge, Family Court, Gautam Budh Nagar
to decide the Case No. 840 of 2024 Nirnimesh Singh Vs. Pragya Singh &
another expeditiously preferably within a stipulated period of time; or
such other and further order be passed as is expedient in the interest of
justice."
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
A227 No. 12186 of 2026
2
respondent."
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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