Allahabad High Court
SMT. JYOTI SAXENAversusAWADHESH SHARMA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that Section 21‑B of the Hindu Marriage Act, 1955 already obliges the Family Court to dispose of the divorce petition expeditiously, so no separate direction is required.
Summary
Petitioner Smt. Jyoti Saxena filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Bijnor, to decide her pending divorce case (Case No. 240 of 2021) under Section 13 of the Hindu Marriage Act, 1955, within a fixed time, alleging undue delay since 2021. The petitioner argued that the family court had not adhered to the statutory timeline for disposal. The Court examined Section 21‑B of the Hindu Marriage Act, which mandates that petitions be tried expeditiously and concluded within six months of service of notice, and that appeals be heard within three months. It held that the Act itself provides a sufficient mechanism for speedy disposal, rendering a separate court direction unnecessary. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether the High Court can issue a direction to the Family Court to decide a pending divorce petition within a stipulated period notwithstanding the provisions of Section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- divorce
- expeditious trial
- writ petition
- Article 227
- Family Court
- delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12237 of 2026
Smt. Jyoti Saxena
.....Petitioner(s)
Versus
Awadhesh Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Sharma, Mukesh Kumar
Pandey
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) direct the learned Principal Judge, Family Court, Bijnor, to decide
Case No. 240 of 2021 (Smt. Jyoti Saxena Vs. Awadhesh Sharma) under
Section 13 of the Hindu Marriage Act, 1955, expeditiously, within a
stipulated time period as fixed by this Hon'ble Court, in the interest of
justice; otherwise, the applicant/petitioner shall suffer irreparable loss
and injury."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2021.
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. 12237 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, Bijnor 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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