Allahabad High Court
NARENDRA SINGHversusPREETI PATEL
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that Section 21B of the Hindu Marriage Act, 1955, already mandates expeditious disposal, so no separate direction under Article 227 is required.
Summary
The petitioner filed a writ under Article 227 seeking a direction to the Principal Judge of the Family Court, Varanasi, to decide a Hindu marriage petition pending since 2021 under Section 10 of the Hindu Marriage Act. The petitioner argued that the case had been unduly delayed. The Court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. The Court held that the statutory provision itself obliges the Family Court to adhere to the prescribed timeline, rendering a separate judicial direction unnecessary. Consequently, the writ petition was disposed of without any order directing the Family Court.
Issues considered
- Whether a writ under Article 227 is required to direct the Family Court to decide a pending petition under Section 10 of the Hindu Marriage Act despite the time limits prescribed in Section 21B.
- Whether the provisions of Section 21B of the Hindu Marriage Act, 1955, obviate the need for a separate direction from the High Court.
Legislation cited
- Hindu Marriage Act, 1955 — s. 10, 21B
Subjects
- Hindu Marriage Act
- Section 21B
- expeditious trial
- Article 227
- Family Court
- delay in matrimonial proceedings
- writ jurisdiction
- petition disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12397 of 2026
Narendra Singh
.....Petitioner(s)
Versus
Preeti Patel
.....Respondent(s)
Counsel for Petitioner(s) : Lavlesh Kumar Shukla
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) Direct the Principal Judge Family Court Varanasi to decide the Case
No. 1574/2021 (Narendra Singh Vs Preeti Patel) pending before
Principal Judge Family Court Varanasi U/s 10 of the Hindu Marriage
Act within stipulated period as fixed by the Hon'ble Court."
2. It is contended by counsel for the petitioner that petition filed under
Section 10 of Hindu Marriage Act is pending consideration since 2021.
3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as
"Act of 1955") provides as under :
"21B. 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
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 petitions filed under
A227 No. 12397 of 2026
2
the Act within fixed period of time, there is no need for issuing a separate
direction to the Court concerned. The Principal Judge, Family Court
concerned to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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