Allahabad High Court
SUNIL KUMAR SENversusSMT ANTIMA SHARMA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The provisions of Section 21‑B of the Hindu Marriage Act already prescribe a time‑frame for disposal, so the writ petition is disposed without directing the Family Court.
Summary
The petitioner, Sunil Kumar Sen, filed a writ petition under Article 227 seeking a direction to the Family Court to decide his divorce petition (case no. 258 of 2024) filed under Section 13 of the Hindu Marriage Act, alleging that the case had been pending since 2024. The petitioner argued that the delay violated the statutory requirement for speedy disposal. The Court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that a petition be tried expeditiously and concluded within six months of service of notice. The Court held that this provision already imposes a fixed timeline, rendering a separate writ direction unnecessary. Consequently, the writ petition was disposed of without ordering any specific time‑frame for the Family Court.
Issues considered
- Whether a writ petition under Article 227 can compel the Family Court to decide a pending divorce petition within a stipulated period despite the time‑frame prescribed in Section 21‑B of the Hindu Marriage Act
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Hindu Marriage Act
- divorce
- speedy trial
- Family Court
- writ petition
- Section 21-B
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12331 of 2026
Sunil Kumar Sen
.....Petitioner(s)
Versus
Smt Antima Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Birendra Kumar Pandey, Om Shankar
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. Issue an order or direction to the court below to decide the case
no.258 of 2024 (Sunil Kumar Sen Vs Smt. Antima Sharma) under Section
13 of Hindu Marriage Act, pending before the Court of Learned Principal
Judge Family Court, within stipulated period of time 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
A227 No. 12331 of 2026
2
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 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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