Allahabad High Court
BALWANT KUMARversusSMT. CHHAYA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No separate direction is required; the petition is dismissed as Section 21-B of the Hindu Marriage Act already mandates expeditious disposal.
Summary
Balwant Kumar filed a writ petition under Article 227 seeking a court order directing the Principal Judge of the Family Court, Maharajganj, to decide his pending divorce case (No. 627 of 2025) under Section 13 of the Hindu Marriage Act within a fixed period. The petitioner argued that the divorce petition had been pending since 2025. The Court examined Section 21-B of the Hindu Marriage Act, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. The Court held that the statutory provision already obliges the Family Court to dispose of the petition promptly, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any order directing the Family Court.
Issues considered
- Whether the High Court should issue a specific direction to the Family Court to decide the pending divorce petition within a stipulated period.
- 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. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- family court
- writ petition
- Article 227
- divorce
- delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12313 of 2026
Balwant Kumar
.....Petitioner(s)
Versus
Smt. Chhaya
.....Respondent(s)
Counsel for Petitioner(s) : Pradeep Kumar
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 a order to direct the learned Principal Judge, Family Court,
Maharajganj to decide the matrimonial case no.627 of 2025 (Balwant
Kumar Vs. Chhaya) under section 13 of Hindu Marriage Act, pending
court learned Principal Judge, Family Court, Maharajganj, before the of
within stipulated period 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 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
A227 No. 12313 of 2026
2
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, Maharajganj 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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