Allahabad High Court
ARVIND KUMARversusSMT POOJA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that Section 21B of the Hindu Marriage Act, 1955, suffices to ensure expeditious disposal and no separate direction is required.
Summary
Arvind Kumar filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Firozabad, to decide his pending Hindu marriage petition (No. 687/2025) under Section 13(1)(1A) of the Hindu Marriage Act. The petitioner argued that the divorce petition had been pending since 2025. 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 this statutory provision already obliges the family court to dispose of the petition within the prescribed time, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a separate direction under Article 227 is required for the Family Court to decide a pending Hindu marriage petition when Section 21B of the Hindu Marriage Act, 1955, already mandates expeditious disposal.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1)(1A), 21B
Subjects
- Hindu Marriage Act
- Section 21B
- expeditious trial
- family court
- writ petition
- Article 227
- divorce petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12420 of 2026
Arvind Kumar
.....Petitioner(s)
Versus
Smt Pooja
.....Respondent(s)
Counsel for Petitioner(s) : Devendra 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 Principal Judge, Family Court, Firozabad to
decide Hindu Marriage Petition No. 687/2025 (Arvind Kumar Vs. Smt.
Pooja), under Section 13(1)(1A) Hindu Marriage Act, pending before him
expeditiously/within stipulated time fixed by this Hon'ble Court;"
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2025.
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. 12420 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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