Allahabad High Court
SMT. MAMTA DEVIversusDHARMENDRA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed as the Hindu Marriage Act, 1955 already mandates expeditious disposal of divorce petitions, rendering a separate direction unnecessary.
Summary
The petitioner, Smt. Mamta Devi, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Kanpur Dehat, to decide her divorce case (Case No.847 of 2025) filed under Section 13 of the Hindu Marriage Act, 1955, which had been pending since 2025. The petitioner argued that the delay violated the statutory requirement for speedy disposal. The Court examined Section 21B of the Hindu Marriage Act, which mandates that a petition be tried expeditiously and concluded within six months of service of notice, and that appeals be heard within three months. The Court held that the Act itself provides the necessary timeline and therefore no separate direction was required. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether the Family Court must be directed to decide the pending divorce petition within a stipulated period despite the statutory provisions of the Hindu Marriage Act, 1955?
- Whether the provisions of Section 21B of the Hindu Marriage Act, 1955, obviate the need for a separate court direction under Article 227?
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Hindu Marriage Act
- Section 21B
- divorce
- family court
- writ petition
- delay
- expeditious trial
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12671 of 2026
Smt. Mamta Devi
.....Petitioner(s)
Versus
Dharmendra
.....Respondent(s)
Counsel for Petitioner(s) : Anand Kumar Srivastava, Siddharth
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:
"1. direct the Principal Judge, Family Court, Kanpur Dehat to decide the
Case No.847 of 2025 (Smt. Mamta Devi @ Pinki Vs. Dharmendra) filed
under section 13 Hindu Marriage Act 1955 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."
A227 No. 12671 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 14, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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