Allahabad High Court
SHASHANK SINGH @ VISHAL @ SHASHANK SINGH CHANDELversusSMT. NANDINI CHAUHAN
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed as Section 21-B of the Hindu Marriage Act, 1955 already requires an expeditious trial, making a separate direction unnecessary.
Summary
The petitioner, Shashank Singh Chandel, filed a writ petition under Article 227 seeking a direction for the Family Court in Kanpur to proceed ex parte against the respondent, Nandini Chauhan, in a divorce case under Section 13 of the Hindu Marriage Act, 1955, and to set a fixed timeline for its disposal. The petitioner argued that the divorce petition had been pending since 2025. The Court examined Section 21-B of the Hindu Marriage Act, which mandates that such petitions be tried expeditiously and concluded within six months of service on the respondent, and that appeals be heard within three months. The Court held that the statutory provision already obliges the trial court to dispose of the matter without the need for a separate direction. Consequently, the writ petition was disposed of without granting the relief sought.
Issues considered
- Whether the High Court can issue a direction to the Family Court to proceed ex parte and fix a time‑frame for a divorce petition under Section 13 of the Hindu Marriage Act, 1955.
- Whether Section 21-B of the Hindu Marriage Act, 1955, obviates the need for such a direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 13
- Section 21-B
- divorce
- ex parte proceedings
- speedy trial
- Family Court
- Article 227
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12993 of 2026
Shashank Singh @ Vishal @ Shashank Singh
Chandel .....Petitioner(s)
Versus
Smt. Nandini Chauhan
.....Respondent(s)
Counsel for Petitioner(s) : Garima Singh, Priyanka Chauhan
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayers:
"i. Issue an appropriate direction to the learned Additional Principal
Judge, Family Court, Court No. 2, Kanpur Nagar, to proceed ex parte
against the Defendant-Respondent in Matrimonial Case No. 187 of 2025,
Shashank Singh Chandel Vs. Nandini Chauhan, under Section 13 of the
Hindu Marriage Act, 1955, in the event the Defendant-Respondent fails to
appear before the learned Court below despite due service and repeated
opportunities already afforded to her.
ii. Issue an appropriate direction to the learned Court below to
expeditiously proceed with and decide Matrimonial Case No. 187 of
2025, in accordance with law, within such REAL period as may kindly be
fixed by this Hon'ble Court. without granting unnecessary adjournments
on account of the non-appearance of the Defendant-Respondent."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2025.
3. Section 21-B of Hindu Marriage Act, 1955 (hereinafter referred to as
"Act of 1955") provides as under :
"21-B. 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.
A227 No. 12993 of 2026
2
(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 direction to the
Court concerned.
5. The Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar
to proceed in accordance with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 18, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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