Allahabad High Court
SMT. MANISHAversusMANISH BHATI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed; the Family Court must decide the divorce petition in accordance with Section 21B of the Hindu Marriage Act, and no separate direction is required.
Summary
Manisha filed a writ petition under Article 227 seeking a direction to the Family Court, Gautam Buddha Nagar, to decide her divorce case (Case No. 319 of 2025) under Section 13(1)(A) of the Hindu Marriage Act, alleging undue delay since 2025. The petitioner argued that the petition had been pending for an extended period. 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. It held that the statutory provision already obliges the Family Court to dispose of the case within a fixed period, rendering a separate direction unnecessary. Consequently, the writ petition was dismissed and the Family Court was directed to proceed in accordance with Section 21B.
Issues considered
- Whether the High Court should issue a specific direction to the Family Court to decide the pending divorce petition despite the provisions of Section 21B of the Hindu Marriage Act.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1)(A), 21B
Subjects
- Article 227
- Hindu Marriage Act
- divorce
- Family Court
- Section 21B
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12684 of 2026
Smt. Manisha
.....Petitioner(s)
Versus
Manish Bhati
.....Respondent(s)
Counsel for Petitioner(s) : Nikil Pathak, Pooja Gond
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 order or direction directing the Learned Court of Principal
Judge Family Court Gautam Buddha Nagar to decide the Case No. 319 of
2025 (Smt. Manisha Vs. Manish Bhati) U/s 13(1)(1A) of the Hindu
Marriage Act, pending in the court of Learned Principal Judge, Family
Court, Gautam Buddha Nagar, within stipulated period as may be
granted by this Hon'ble Court, So that Justice may be done."
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
A227 No. 12684 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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