Allahabad High Court
SHRUTI SHARMAversusPRADEEP SHARMA @ PANKAJ
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that 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, Shruti Sharma, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Ghaziabad, to decide her pending divorce petition (No.277 of 2026) within a stipulated period. The petitioner argued that the divorce petition was pending and required expeditious disposal. The court examined Section 21-B of the Hindu Marriage Act, 1955, which mandates that divorce petitions be tried and concluded as expeditiously as possible, preferably within six months of service of notice. The court held that the statutory provision itself obliges the Family Court to dispose of the petition within a reasonable time, 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 within a stipulated period under Article 227.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21-B
- divorce
- Family Court
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12226 of 2026
Shruti Sharma
.....Petitioner(s)
Versus
Pradeep Sharma @ Pankaj
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar
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
kindly be pleased to direct the Principal Judge Family Court, Ghaziabad,
to decide the divorce petition No.277 of 2026 (Shruti Sharma Vs. Pradeep
Sharma alias Pankaj) dated 02.01.2026 filed by the Petitioner /Plaintiff,
within a stipulated period."
2. It is contended by counsel for the petitioner that Divorce Petition No.277
of 2026 is pending consideration before Principal Judge, Family Court,
Ghaziabad and the same 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. 12226 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, Ghaziabad 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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