Allahabad High Court
SHIKHAR JAINversusPRIYANKA JAISWAL
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that Section 21‑B of the Hindu Marriage Act already provides for expeditious disposal of divorce petitions, so the writ petition seeking a separate direction was dismissed.
Summary
Shikhar Jain filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Gorakhpur, to decide his pending divorce petition (Petition No. 170 of 2026) under Section 13 of the Hindu Marriage Act expeditiously. The petitioner argued that the divorce petition had been pending since 2026. The Court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried continuously and concluded within six months of service of notice, and that appeals be heard within three months. The Court held that this statutory provision already obliges the Family Court to dispose of the matter promptly, rendering a separate writ direction unnecessary. Accordingly, the Court ordered the Family Court to proceed in accordance with Section 21‑B and disposed of the writ petition.
Issues considered
- Whether a writ petition under Article 227 can compel a Family Court to decide a pending divorce petition within a fixed period notwithstanding the provisions of Section 21‑B of the Hindu Marriage Act.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- Family Court
- divorce
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12310 of 2026
Shikhar Jain
.....Petitioner(s)
Versus
Priyanka Jaiswal
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Mishra
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may be
pleased to direct the Principal Judge, Family Court, Gorakhpur to decide
the Petition No. 170 of 2026, Shikhar Jain Vs. Priyanka Jaiswal, under
section 13 of Hindu Marriages Act most expeditiously and within time
fixed by this Hon'ble Court, and/ or pass such other and further order
which this Hon'ble Court may deem fit and proper in the circumstances of
the case."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2026.
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
A227 No. 12310 of 2026
2
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 Principal Judge, Family Court, Gorakhpur 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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