Allahabad High Court
BAIJNATHversusSMT SANGEETA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21-B of the Hindu Marriage Act already mandates expeditious disposal of divorce petitions, so no separate direction under Article 227 is required.
Summary
Petitioner Baijnath filed a writ petition under Article 227 seeking a direction to the Family Court to decide his divorce petition (Case No. 1722 of 2024) under Section 13 of the Hindu Marriage Act expeditiously, alleging the matter has been pending since 2024. The petitioner relied on Section 21-B of the Hindu Marriage Act, which mandates that petitions be tried as expeditiously as possible and concluded within six months of service of notice. The Court examined whether a separate writ direction was necessary when the statute already provides a timeline for disposal. It held that the statutory provision itself suffices and there is no need for an additional direction. Consequently, the writ petition was disposed without granting any relief.
Issues considered
- Whether a writ petition under Article 227 is required to direct a family court to expedite a pending divorce petition when Section 21-B of the Hindu Marriage Act already mandates speedy disposal.
- Whether the provisions of Section 21-B obviate the need for a separate court order for expeditious trial.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- family court
- writ petition
- Article 227
- divorce
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12343 of 2026
Baijnath
.....Petitioner(s)
Versus
Smt Sangeeta
.....Respondent(s)
Counsel for Petitioner(s) : Babu Lal Ram, Reeta Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may be pleased to direct
the learned concerned court to decide the proceeding of Case No. 1722 of 2024 (Baijnath
Vs. Sangeeta) under Section 13 of Hindu Marriage Act, expeditiously as possible as within
short stipulated period, which is pending in the court of Learned Additional Principal
Judge, Family Court, Court No.3, Allahabad, otherwise the Plaintiff/Petitioner suffers
irreparable loss and injury."
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
respondent.
(3) Every appeal under this Act shall be heard as expeditiously as
A227 No. 12343 of 2026
2
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.3, 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
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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