Allahabad High Court
RAMPAL YADAVversusPREMLATA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No separate direction is required; the petition is dismissed as the Hindu Marriage Act, 1955 already mandates an expeditious trial.
Summary
The petitioner, Rampal Yadav, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Azamgarh, to decide a divorce case (Case No.99/2018) pending since 2018. The petitioner argued that the divorce petition had been unduly delayed. The Court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that divorce petitions be tried expeditiously and concluded within six months of service of notice. The Court held that the statutory provision itself imposes a fixed timeline, rendering a separate judicial direction unnecessary. Consequently, the writ petition was disposed of without ordering any further direction.
Issues considered
- Whether a writ petition under Article 227 can compel a family court to decide a pending divorce petition despite the timeline prescribed in Section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- divorce
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- Article 227
- family court
- pending petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13002 of 2026
Rampal Yadav
.....Petitioner(s)
Versus
Premlata
.....Respondent(s)
Counsel for Petitioner(s) : Kapil Kumar Pandey, Virendra Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"It is therefore most respectfully prayed that this Hon'ble Court may be
pleased to allow the petition and direct to Principal Judge, Family Court,
Azamgarh to decide the Case No.99/2018 (Rampal Yadav Vs. Prem Lata)
filed u/s 13 of H.M. Act for divorce, expeditiously within any stipulated
period as this Hon'ble Court may deem fit and proper in circumstances of
the case."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2018.
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.
(2) Every petition under this Act shall be tried as expeditiously as
possible and endeavour shall be made to conclude the trial within six
A227 No. 13002 of 2026
2
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 Principal Judge, Family Court, Azamgarh to proceed in accordance
with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 18, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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