Allahabad High Court
ANKUR YADAVversusSHAGUN YADAV AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that no separate direction is needed; the Family Court must decide the petition as per Section 21B, and the writ petition is disposed.
Summary
Ankur Yadav filed a writ petition under Article 227 seeking a mandamus directing the Additional Principal Judge of the Family Court, Meerut, to decide his divorce case (No. 1161/2025) expeditiously, alleging the petition had been pending since 2025. The petitioner relied on Section 21B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried and concluded within six months of service of notice. The Court observed that the statutory provision itself obliges the Family Court to act promptly, rendering a separate writ unnecessary. Accordingly, the Court directed the Family Court to proceed in accordance with Section 21B and disposed of the writ petition. The decision underscores that the Act’s built‑in time‑limits are sufficient to ensure speedy disposal of divorce proceedings.
Issues considered
- Whether a writ of mandamus is required to compel the Family Court to decide a pending divorce petition despite the existence of Section 21B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- Article 227
- mandamus
- Hindu Marriage Act
- Section 21B
- family court
- divorce
- speedy trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12683 of 2026
Ankur Yadav
.....Petitioner(s)
Versus
Shagun Yadav And Another
.....Respondent(s)
Counsel for Petitioner(s) : Prajjwal Tyagi, Sanjeev Kumar Tyagi
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) Issue a writ, order or direction in the nature of Mandamus
commanding the Court of the Additional Principal judge, Family Court
no.1, District- Meerut, to decide the case no. 1161/2025 (Ankur Yadav vs
Shagun Yadav) filed under section 13 of The Hindu Marriage Act 1955,
as expeditiously as possible."
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. 12683 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 Additional Principal Judge, Family
Court No.1, District- Meerut 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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