Allahabad High Court
SHAILJA PANDEYversusVIKAS CHANDRA PANDEY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of divorce petitions, so no separate direction from the High Court is required.
Summary
The petitioner, Shailja Pandey, filed a writ petition under Article 227 seeking a court order directing the Additional Principal Judge of Family Court‑3, Gorakhpur, to decide her pending divorce case (Case No.689 of 2023) within a fixed time‑bound period. The petitioner argued that the divorce petition had been pending since 2023. The court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that divorce petitions be tried expeditiously and concluded within six months of service of notice, and that appeals be heard within three months. The court held that the statutory provision already obliges the family court to dispose of the matter within the prescribed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without issuing any further order.
Issues considered
- Whether the High Court can issue a direction to the Family Court to decide a pending divorce petition within a time‑bound period under Article 227.
- Whether Section 21‑B of the Hindu Marriage Act, 1955, suffices to ensure expeditious disposal of the divorce petition without a separate court direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Article 227
- writ petition
- expeditious trial
- Hindu Marriage Act
- divorce
- family court
- time‑bound disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12238 of 2026
Shailja Pandey
.....Petitioner(s)
Versus
Vikas Chandra Pandey
.....Respondent(s)
Counsel for Petitioner(s) : Vikas Yadav, Vishveshwar Mani
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:
"a) Issue an order or direction, to the concerned Court i.e. Additional
Principal Judge, Family Court-3, Gorakhpur, to decide the Case No.689
of 2023, (Shailja Pandey Vs. Vikas Chandra Pandey) expeditiously within
a time bound period as fixed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2023.
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
possible, and endeavour shall be made to conclude the hearing within
A227 No. 12238 of 2026
2
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 Additional Principal Judge, Family Court-3, Gorakhpur 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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