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Allahabad High Court

SHASHANK SINGH @ VISHAL @ SHASHANK SINGH CHANDELversusSMT. NANDINI CHAUHAN

Decided

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

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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