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Allahabad High Court

SURESH PALversusSMT. MANJU

Decided

Holding

The writ petition is disposed of without a separate direction, as Section 21‑B of the Hindu Marriage Act, 1955, already mandates expeditious trial and disposal of the divorce petition.

Summary

Petitioner Suresh Pal filed a writ petition under Article 227 seeking a court order directing the Additional Principal Judge of Family Court‑III, Bareilly to decide his pending divorce case (Matrimonial Case No. 1698 of 2025) within a stipulated time. The petitioner argued that the divorce petition had been pending since 2025, causing undue delay. The court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. It held that the statutory provision itself obliges the family court to dispose of the matter promptly, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of, with the family court directed to proceed in accordance with Section 21‑B.

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 petition without a separate court order

Legislation cited

Subjects

  • Hindu Marriage Act
  • Section 21B
  • expeditious trial
  • family court
  • divorce
  • writ petition
  • Article 227
  • delay
  • court direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
             MATTERS UNDER ARTICLE 227 No. - 12326 of 2026

Suresh Pal
                                                                   .....Petitioner(s)
                                        Versus

Smt. Manju
                                                                .....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-III, Bareilly to decide the
     Matrimonial Case No. 1698 of 2025 (Suresh Pal Vs. Smt. Manju), 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 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. 12326 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-III, Bareilly 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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