Allahabad High Court
SMT MUSKAN GUPTAversusAADITYA GUPTA @ BHARAT
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that no separate direction is needed as Section 21‑B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of the divorce petition.
Summary
Petitioner Muskan Gupta filed a writ petition under Article 227 seeking a court order directing the Additional Principal Judge of the Family Court, Shahjahanpur, to decide her pending divorce case (Matrimonial Case No. 31 of 2024) within a stipulated period. The petitioner argued that the divorce petition had been pending since 2024. The court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that petitions under the Act 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 matter within a fixed time, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a separate direction under Article 227 is required for the Family Court to decide the divorce petition within a stipulated period, given the provisions 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
- family court
- divorce petition
- expeditious disposal
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12325 of 2026
Smt Muskan Gupta
.....Petitioner(s)
Versus
Aaditya Gupta @ Bharat
.....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 suitable order or direction, directing the court of learned
Additional Principal Judge, Family Court, Shahjahanpur to decide the
Matrimonial Case No. 31 of 2024 (Smt. Muskan Gupta Vs. Aaditya Gupta
@ Bharat), under section 13 of Hindu Marriage Act, 1955, within
stipulated period of time as fixed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2024.
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. 12325 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 Additional Principal Judge, Family Court, Shahjahanpur 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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