Allahabad High Court
SMT. SWETA RANIversusBHARAT KUMAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that Section 21‑B of the Hindu Marriage Act, 1955 already obliges the trial court to dispose of the petition expeditiously, so no separate direction is required and the writ petition is dismissed.
Summary
The petitioner, Smt. Sweta Rani, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of Family Court No.2, Ghaziabad, to decide a pending nullity of marriage petition filed under Section 11 of the Hindu Marriage Act, 1955. The petitioner argued that the petition had been pending since 2025 and required an expeditious order, preferably within three months. The court examined Section 21‑B of the Hindu Marriage Act, which mandates that such petitions be tried continuously and concluded within six months of service of notice. It held that this statutory provision already ensures timely disposal and that the High Court need not issue a separate direction. Consequently, the writ petition was disposed without any further order.
Issues considered
- Whether the High Court can issue a direction to expedite the trial of a pending Section 11 petition under the Hindu Marriage Act, 1955.
- Whether Section 21‑B of the Hindu Marriage Act, 1955 provides a sufficient mechanism for expeditious disposal, rendering the writ petition unnecessary.
Legislation cited
- Hindu Marriage Act, 1955 — s. 11, 21B
Subjects
- Hindu Marriage Act
- Section 11
- nullity of marriage
- Section 21-B
- expeditious trial
- Article 227
- writ petition
- family court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12305 of 2026
Smt. Sweta Rani
.....Petitioner(s)
Versus
Bharat Kumar
.....Respondent(s)
Counsel for Petitioner(s) : Aman Ahsan, Sandeep Kumar
Kushwaha, Shivam Yadav, Udai Bhatia
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. Issue an order or direction to the learned Additional Principal Judge,
Family Court No. 2, Ghaziabad, to decide the Nullity of Marriage
Petition filed by the Petitioner under Section 11 of the Hindu Marriage
Act, 1955, being Case No. 2324 of 2025 (Smt. Sweta Rani vs. Bharat
Kumar), expeditiously, preferably within a period of 3 months, or any
period as this Hon'ble Court may deem fit and proper in the interest of
justice."
2. It is contended by counsel for the petitioner that a petition under
Section 11 of the Hindu Marriage Act, 1955, is pending consideration
since 2025.
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.
A227 No. 12305 of 2026
2
(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
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 No. 2, Ghaziabad to
proceed in accordance with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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