Allahabad High Court
DIPIKA SHARMAversusSHASHANK SHARMA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed as Section 21‑B of the Hindu Marriage Act, 1955 already mandates expeditious disposal, making a separate direction under Article 227 unnecessary.
Summary
Petitioner Dipika Sharma filed a writ petition under Article 227 of the Constitution seeking a direction to the Principal Judge of the Family Court, Agra, to decide her pending divorce petition (Case No. 1676 of 2025) under Section 13 of the Hindu Marriage Act, 1955, expeditiously in accordance with Section 21‑B of the same Act. The petitioner argued that the divorce petition had been pending since 2025 and required a specific court order to enforce the statutory time‑limits. The Court examined Section 21‑B, which mandates that a petition be tried continuously and concluded within six months of service of notice, and that appeals be heard within three months. It held that the statutory provision itself obliges the Family Court to dispose of the matter within the prescribed period, rendering a separate direction under Article 227 unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a writ under Article 227 is required to direct the Family Court to decide a divorce petition expeditiously when Section 21‑B of the Hindu Marriage Act, 1955 already prescribes a time‑frame.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21-B
- divorce
- family court
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13010 of 2026
Dipika Sharma
.....Petitioner(s)
Versus
Shashank Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Anshul Kumar, Vinod Kumar Shukla
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"a) Issue an appropriate order or direction under Article 227 of the
Constitution of India directing the learned Principal Judge, Family
Court, Agra, to take up and decide Case No. 1676 of 2025 "Dipika
Sharma vs Shashank Sharma" under Section 13 of the Hindu Marriage
Act, 1955, pending before court of Principal Judge, Family Court, Agra,
expeditiously, in accordance with law and the mandate contained in
Section 21-B of the Hindu Marriage Act, 1955;"
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.
(2) Every petition under this Act shall be tried as expeditiously as
A227 No. 13010 of 2026
2
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 Principal Judge, Family Court, Agra 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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