Allahabad High Court
SAURABH KATIYARversusPRIYA KATIYAR AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed as Section 21B of the Hindu Marriage Act, 1955 already requires the lower court to dispose of the divorce petition expeditiously, obviating the need for a separate direction.
Summary
The petitioner, Saurabh Katiyar, filed a writ petition under Article 227 seeking a direction to the Family Court, Kanpur Dehat, to decide his divorce petition (Case No. 316 of 2025) under Section 13 of the Hindu Marriage Act, 1955, within a short period as per Section 21B. The petitioner argued that the divorce petition had been pending since 2025 and required a specific court order for expeditious disposal. The Court examined Section 21B, which mandates that petitions under the Act be tried continuously and concluded within six months of service of notice, and that appeals be heard within three months. It held that the statutory provision itself obliges the lower court to dispose of the matter expeditiously, rendering a separate direction unnecessary. Consequently, the writ petition was dismissed and the matter left to be decided in accordance with Section 21B.
Issues considered
- Whether the High Court should issue a specific direction to the Family Court to decide the divorce petition within a fixed period despite the existence of Section 21B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Hindu Marriage Act
- Section 21B
- divorce
- expeditious trial
- writ petition
- Article 227
- Family Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12202 of 2026
Saurabh Katiyar
.....Petitioner(s)
Versus
Priya Katiyar And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajan Tripathi
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 a direction, to the court below to decide the Case No. 316 of
2025 (Saurabh Katiyar Vs. Priya Katiyar and others) Under Section 13 of
Hindu Marriage Act, 1955, for dissolution of marriage, pending in the
court of Principal Judge, Family Court, Kanpur Dehat, expeditiously
within short time period as fixed by this Hon'ble court in view of
provision of Section 21(b) of Hindu Marriage Act, 1955."
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
A227 No. 12202 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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