Allahabad High Court
AMAR DEEP SONKARversusGUNJA SONKAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that Section 21‑B of the Hindu Marriage Act, 1955 already provides a mandatory timeline for disposal of divorce petitions, so no separate direction under Article 227 is necessary.
Summary
Petitioner Amar Deep Sonkar filed a writ petition under Article 227 seeking a supervisory direction for the Family Court to decide his divorce petition under Section 13 of the Hindu Marriage Act, 1955, within a fixed period, alleging the case had been pending since 2025. The petitioner argued that a specific order was needed to enforce a speedy trial. The Court examined Section 21‑B of the Hindu Marriage Act, which mandates that divorce petitions be tried expeditiously and concluded within six months of service of notice. It held that the statutory provision itself suffices to ensure a timely disposal and that no separate supervisory direction is required. Accordingly, the Court directed the Family Court to proceed in accordance with Section 21‑B and disposed of the writ petition.
Issues considered
- Whether the High Court should issue a supervisory direction under Article 227 to the Family Court to decide a pending divorce petition within a stipulated period despite the existence of Section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21-B
- divorce
- family court
- supervisory jurisdiction
- speedy trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12314 of 2026
Amar Deep Sonkar
.....Petitioner(s)
Versus
Gunja Sonkar
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Yadav
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"A. Issue an order or direction, in exercise of the supervisory jurisdiction
of this Hon'ble Court under Article 227 of the Constitution of India,
commanding the appropriate order or direction directing the Principal
Judge, Family Court Prayagraj/Allahabad Matrimonial Case No. 1858 of
2025 (Amar Deep Sonkar vs. Gunja Sonkar) Under section 13 Hindu
Marriage Act, 1955, within a stipulated period as may be 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
A227 No. 12314 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, Allahabad/Prayagraj 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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