Allahabad High Court
RAKESH VISHNOI @ RAKESH KUMAR VISHNOIversusSMT ANURADHA VISHNOI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that Section 21B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of the divorce petition, so no separate direction under the writ is needed.
Summary
Rakesh Vishnoi filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Kanpur Nagar, to expedite the pending divorce petition No.3422 of 2024. The petitioner argued that the divorce case had been pending since 2024. The court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that divorce 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 dispose of the matter within the prescribed time, rendering a separate writ direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a writ petition under Article 227 is required to direct the family court to expedite a divorce petition when Section 21B of the Hindu Marriage Act, 1955 already provides a timeline for disposal.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- divorce
- Hindu Marriage Act
- Section 21B
- expeditious trial
- writ petition
- Article 227
- family court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12424 of 2026
Rakesh Vishnoi @ Rakesh Kumar Vishnoi
.....Petitioner(s)
Versus
Smt Anuradha Vishnoi
.....Respondent(s)
Counsel for Petitioner(s) : Narendra 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:
"(a). direct to learned Principal Judge Family Court Kanpur Nagar to
expedite proceedings of Divorce Petition No.3422 of 2024 (Rakesh
Vishnoi Vs. Anuradha Vishoni) within stipulated time."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2024.
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 divorce petition
A227 No. 12424 of 2026
2
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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