Allahabad High Court
VIKASH KUMARversusPUJA KUMARI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21-B of the Hindu Marriage Act, 1955, already requires expeditious disposal of divorce petitions, so no separate direction is needed and the writ petition is dismissed.
Summary
The petitioner, Vikash Kumar, filed a writ petition under Article 227 seeking a court order directing the Principal Judge of the Family Court, Varanasi, to decide his pending divorce petition (Case No. 1080/2025) within a fixed time. The petitioner argued that the divorce petition had been pending since 2025. The court examined Section 21-B of the Hindu Marriage Act, 1955, which mandates that divorce petitions be tried expeditiously and concluded within six months of service of notice. The court held that this statutory provision already obliges the family court to dispose of the case within a reasonable period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed without any specific order directing the family court.
Issues considered
- Whether a writ petition under Article 227 can direct a family court to decide a pending divorce petition within a stipulated time despite the provisions of Section 21-B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Article 227
- Writ Petition
- Hindu Marriage Act
- Section 21-B
- Divorce
- Family Court
- Expeditious Trial
- Judicial Direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12316 of 2026
Vikash Kumar
.....Petitioner(s)
Versus
Puja Kumari
.....Respondent(s)
Counsel for Petitioner(s) : Adesh Kumar, Om Prakash Shukla
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"1. Issue an Order or Direction directing the Principal Judge, Family
Court, Varanasi to decide the Divorce Petition / Case No. 1080/2025
(Vikash Kumar v/s Puja Kumari) filed by the petitioner u/s 13 of the
Hindu Marriage Act, 1955 within a stipulated time period to 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
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. 12316 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, Varanasi 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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