Allahabad High Court
RAMAN TIWARIversusARCHANA TIWARI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed as Section 21B of the Hindu Marriage Act, 1955 already mandates an expeditious trial, making a separate direction unnecessary.
Summary
Raman Tiwari filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Auraiya, to decide his pending divorce case (H.M.A. Case No. 60 of 2025) which had been pending since 2025. The petitioner argued that the delay violated the requirement for speedy disposal of divorce petitions. The Court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. The Court held that the statutory provision itself obliges the Family Court to dispose of the case within the prescribed period, rendering a separate writ direction unnecessary. Consequently, the writ petition was dismissed and the matter was left to be decided in accordance with Section 21B.
Issues considered
- Whether a writ petition can be issued to direct a Family Court to decide a pending divorce petition.
- Whether Section 21B of the Hindu Marriage Act, 1955, suffices to ensure expeditious disposal, obviating the need for a separate direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- divorce
- Hindu Marriage Act
- Section 21B
- speedy trial
- writ petition
- Family Court
- Article 227
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12695 of 2026
Raman Tiwari
.....Petitioner(s)
Versus
Archana Tiwari
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Mishra
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. Allow the Petition, directing the learned Principal Judge, Family
Court, Auraiya to decide the case of H.M.A. Case No. 60 of 2025 (Raman
Tiwari Vs. Archana Tiwari), pending before Court Principal Judge,
Family Court, Auraiya."
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. 12695 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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