Allahabad High Court
AKHILESH KUMAR SINGHversusSMT. RINKI BHAGAT AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that Section 21B of the Hindu Marriage Act, 1955 suffices to ensure timely disposal, so no separate direction is necessary.
Summary
Akhilesh Kumar Singh filed a writ petition seeking a court order directing the Civil Principal Judge of the Family Court, Ghaziabad, to decide his divorce suit (Suit No. 910 of 2021) within a fixed time frame. The petitioner argued that the divorce petition had been pending since 2021, causing undue delay. The key issue was whether a separate direction was necessary when the Hindu Marriage Act, 1955 already contains provisions for speedy disposal of such petitions. The court examined Section 21B of the Act, which mandates that trials be conducted expeditiously and concluded within six months of service of notice. Finding that the statutory provision itself obliges the family court to adhere to a time limit, the court held that no additional direction was required. Consequently, the writ petition was disposed of, with the family court directed to proceed in accordance with Section 21B.
Issues considered
- Whether a separate judicial direction is required to enforce a time limit for disposal of a divorce petition when Section 21B of the Hindu Marriage Act, 1955 already mandates expeditious trial.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- Hindu Marriage Act
- Section 21B
- expeditious trial
- family court
- divorce petition
- writ petition
- delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12399 of 2026
Akhilesh Kumar Singh
.....Petitioner(s)
Versus
Smt. Rinki Bhagat And Another
.....Respondent(s)
Counsel for Petitioner(s) : Alok Kumar 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:
"(I) direct the Learned Civil Principal Judge Family Court, Ghaziabad to
decide the Suit No. 910 of 2021 (Akhilesh Kumar Singh Vs. Smt. Rinki
Bhagat and another) Under Section 13 (1) (2) of Hindu Marriage Act,
which is pending before him, within stipulated time bound period as fixed
by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition 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."
A227 No. 12399 of 2026
2
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. The Principal Judge, Family Court 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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