Allahabad High Court
DHEERAJ PATHAKversusNAMRATA PANDEY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No separate direction is required; the petition is disposed as the Hindu Marriage Act, 1955 already mandates expeditious trial.
Summary
Petitioner Dheeraj Pathak filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Prayagraj, to decide his pending divorce case (Matrimonial Case No.1155 of 2025) expeditiously. The petitioner argued that the divorce petition had been pending since 2025, causing undue delay. The Court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that petitions be tried as expeditiously as possible and aims to conclude the trial within six months of service of notice. The Court held that the statutory provision itself obliges the Family Court to dispose of the matter within the prescribed time, rendering a separate judicial direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a Family Court to expedite a pending divorce petition.
- Whether Section 21B of the Hindu Marriage Act, 1955, suffices to ensure expeditious disposal without a separate court direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- Hindu Marriage Act
- Section 21B
- expeditious trial
- family court
- writ petition
- Article 227
- divorce delay
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12256 of 2026
Dheeraj Pathak
.....Petitioner(s)
Versus
Namrata Pandey
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Upadhyay
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. To pass an order directing the Court of Principal Judge Family Court,
Prayagraj to decide the Matrimonial Case No.1155 of 2025 Dheeraj
Pathak vs. Namrata Pandey', expeditiously as possible as within
stipulated time fixed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2025.
3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as
"Act of 1955") provides as under :
"21B. 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
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
A227 No. 12256 of 2026
2
within fixed period of time, there is no need for issuing a separate
direction to the Court concerned. The Principal Judge, Family Court to
proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
Checking your session…