Allahabad High Court
ROHIT YADAV @ LAVISHversusSMT. NEHA YADAV
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that Section 21‑B of the Hindu Marriage Act already mandates expeditious trial and disposal, so it cannot issue a separate direction and the writ petition is dismissed.
Summary
The petitioner, Rohit Yadav, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Saharanpur, to decide his matrimonial case (No. 796 of 2024) under Section 13 of the Hindu Marriage Act, 1955, within a stipulated period. The petitioner argued that the case was pending and required expeditious disposal. The Court examined Section 21‑B of the Hindu Marriage Act, which mandates that petitions under the Act be tried and concluded as expeditiously as possible, preferably within six months of service of notice. The Court held that this statutory provision already obliges the Family Court to dispose of the matter promptly, 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 matrimonial petition within a stipulated period.
- Whether Section 21‑B of the Hindu Marriage Act, 1955, suffices to ensure expeditious trial and disposal, making a separate direction redundant.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- Article 227
- family court
- writ petition
- divorce proceedings
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12215 of 2026
Rohit Yadav @ Lavish
.....Petitioner(s)
Versus
Smt. Neha Yadav
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Mishra
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"1- To direct the Court of Principal Judge, Family Court, Saharanpur to
decide the Matrimonial Case No. 796 of 2024, Rohit Yadav @ Lavish
Versus Smt. Neha Yadav, under Section 13 of Hindu Marriage Act, 1955,
pending before him as expeditiously as possible within a stipulated period
as directed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that a Matrimonial Case
No.796 of 2024 is pending consideration before Principal Judge, Family
Court, Saharanpur, which may be decided expeditiously.
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.
A227 No. 12215 of 2026
2
(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."
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, Saharanpur 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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