Allahabad High Court
PULKIT BAJPAIversusSMT. MANJARI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No separate direction is required as Section 21B of the Hindu Marriage Act, 1955, already obliges the Family Court to dispose of the divorce petition expeditiously.
Summary
Petitioner Pulkit Bajpai filed a writ petition under Article 227 seeking a court order directing the Additional Principal Judge of the Family Court, Kanpur Nagar, to hear and decide his divorce petition (Case No. 1894 of 2024) filed under Section 13 of the Hindu Marriage Act, 1955, within a fixed timeframe. The petitioner argued that the divorce petition had been pending since 2024. The Court examined Section 21B of the Hindu Marriage Act, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. The Court held that the statutory provision already obliges the Family Court to dispose of the matter within the prescribed period, 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 hear and dispose of a divorce petition when Section 21B of the Hindu Marriage Act, 1955, already mandates an expeditious trial.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Article 227
- Hindu Marriage Act
- Section 13
- Section 21B
- expeditious trial
- family court
- divorce
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12612 of 2026
Pulkit Bajpai
.....Petitioner(s)
Versus
Smt. Manjari
.....Respondent(s)
Counsel for Petitioner(s) : Aditi Srivastava
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. Issue an order, or direction commanding and directing upon the
learned Additional Principal Judge, Family Court, Kanpur Nagar to hear
and decide the Case No. 1894 of 2024 (Pulkit Bajpai v. Smt. Manjari)
filed by the petitioner under Section 13 of the Hindu Marriage Act, 1955,
expeditiously, within a stipulated timeframe as fixed by this Hon'ble
Court;"
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
A227 No. 12612 of 2026
2
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. 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 14, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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