Allahabad High Court
VINAY MISHRAversusPRIYANKA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that no separate direction is required as Section 21‑B of the Hindu Marriage Act, 1955 already mandates timely disposal of the petition.
Summary
Petitioner Vinay Mishra filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Mirzapur, to decide his divorce case (No. 415 of 2024) filed under sections 13(1K), 13(1Kh) and (iii) of the Hindu Marriage Act, 1955. The petitioner argued that the case had been pending since 2024 and required a time‑bound order. 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. The Court held that this statutory provision already obliges the Family Court to dispose of the petition within a fixed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a separate direction under Article 227 is required for the Family Court to decide the divorce petition pending since 2024.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1K), 13(1Kh), 13(iii), 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- family court
- writ petition
- divorce
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12247 of 2026
Vinay Mishra
.....Petitioner(s)
Versus
Priyanka
.....Respondent(s)
Counsel for Petitioner(s) : Vidya Kant 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:
"(i) directing/ commanding the Principal Judge Family Court, Mirzapur
to decide the case No. 415 of 2024, Vinay Mishra vs. Priyanka) in u/s
13(1K), (1Kh), (iii) of Hindu Marriage within Act 1955, filed by petitioner
stipulated time bound period which is pending before learned Court of
Principal Judge Family Court, Mirzapur."
2. It is contended by counsel for the petitioner that a case under Section 13
(1K), 1(Kh), (iii) of Hindu Marriage Act 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.
A227 No. 12247 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, Mirzapur 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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