Allahabad High Court
SHIV KUMAR @ SHIV KUMAR RATHOURversusSMT AMRITA RATHOUR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955 requires divorce petitions to be tried and concluded expeditiously, so no separate direction is required.
Summary
Petitioner Shiv Kumar filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court in Kanpur to decide his divorce suit (No. 3051 of 2024) under Section 13 of the Hindu Marriage Act expeditiously. 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 such petitions be tried continuously and concluded within six months of service of notice. The Court held that the statutory provision itself obliges the trial court to dispose of the case within the prescribed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a writ petition under Article 227 can direct the Family Court to decide a pending divorce suit expeditiously.
- Whether Section 21‑B of the Hindu Marriage Act, 1955, obviates the need for a separate court direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Divorce
- Section 21-B
- Writ Petition
- Article 227
- Expeditious Trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12328 of 2026
Shiv Kumar @ Shiv Kumar Rathour
.....Petitioner(s)
Versus
Smt Amrita Rathour
.....Respondent(s)
Counsel for Petitioner(s) : Praveen Kumar Mishra
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. To, direct the learned Additional Principal Judge, Family Court,
Court No.01, Kanpur Nagar to conclude/decide the Divorce Suit No.3051
of 2024 (Shiv Kumar @ Shiv Kumar Rathour Vs. Smt. Amrita Rathour)
under section 13 of Hindu Marriage Act pending before him expeditiously
within stipulated period so 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. 12328 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, Court No. 01, Kanpur
Nagar 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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