Allahabad High Court
SUMIT KUMARversusSMT. BARKHA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed as Section 21B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of the divorce petition, making a separate direction unnecessary.
Summary
The petitioner, Sumit Kumar, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Saharanpur, to decide his divorce case (Case No. 1296 of 2025) within the stipulated period, alleging that the petition had been pending since 2025. The petitioner relied on 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 examined whether a specific direction was necessary when the statute already imposes a time‑bound trial. It held that Section 21B itself obliges the Family Court to dispose of the petition within the prescribed period, rendering a separate direction redundant. Consequently, the writ petition was disposed of without any further order. The decision underscores the statutory requirement for speedy disposal of divorce proceedings under the Hindu Marriage Act.
Issues considered
- Whether the High Court should issue a specific direction to the Family Court to decide the divorce petition within a stipulated period despite the existence of Section 21B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- Hindu Marriage Act
- Section 21B
- divorce petition
- expeditious trial
- writ petition
- Article 227
- Family Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12615 of 2026
Sumit Kumar
.....Petitioner(s)
Versus
Smt. Barkha
.....Respondent(s)
Counsel for Petitioner(s) : Amar Bahadur Maurya
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 the Principal Judge Family Court Saharanpur to decide the
Case No. 1296 of 2025 (Sumit Kumar Vs. Barkha) within stipulated
period."
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."
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
A227 No. 12615 of 2026
2
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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