Allahabad High Court
AMRITA TIWARIversusVIVEK KUMAR TIWARI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No separate direction is required as Section 21‑B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of divorce petitions.
Summary
The petitioner filed a writ petition seeking a court order directing the Principal Judge of the Family Court, Chandauli, to decide a pending divorce petition (No. 437 of 2024) expeditiously under Section 13 of the Hindu Marriage Act, 1955. The petitioner argued that the divorce petition had been pending since 2024. The court examined Section 21‑B of the Hindu Marriage Act, which mandates that divorce petitions be tried and concluded within six months of service of notice. The court held that the statutory provision already obliges the Family Court to dispose of the case within a fixed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether the High Court can issue a specific direction to the Family Court to decide a pending divorce petition despite the existence of Section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- divorce
- family law
- Hindu Marriage Act
- Section 21B
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12212 of 2026
Amrita Tiwari
.....Petitioner(s)
Versus
Vivek Kumar Tiwari
.....Respondent(s)
Counsel for Petitioner(s) : Kamlesh Kumar Singh, Vivek
Kushwaha
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"A. Issue an order to direct the learned Principal Judge, Family Court,
Chandauli to decide the Divorce Petition No. 437 of 2024 (Amrita Tiwari
Versus Vivek Kumar Tiwari) before the learned court below under section
13 of Hindu Marriage Act, 1955, expeditiously within stipulated period as
fixed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2024.
3. Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as
"Act of 1955") provides as under :
"21-B. 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
A227 No. 12212 of 2026
2
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."
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.
5. The Principal Judge, Family Court, Chandauli to proceed in accordance
with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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