Allahabad High Court
GAURAV VERMAversusSMT. PRAMILA SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed as Section 21‑B of the Hindu Marriage Act, 1955 already requires expeditious disposal of the divorce petition, making a separate direction unnecessary.
Summary
Petitioner Gaurav Verma filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge, Family Court, Shahjahanpur, to decide his pending divorce case (Matrimonial Case No. 600 of 2025) within a stipulated period. The petitioner argued that the divorce petition had been pending since 2025 and required the High Court’s intervention. The Court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. It held that the statutory provision already obliges the trial court to dispose of the case promptly, rendering a separate direction unnecessary. Consequently, the writ petition was dismissed and the matter was left to be decided in accordance with Section 21‑B.
Issues considered
- Whether the High Court can issue a direction to the Family Court to decide a pending divorce petition within a fixed period despite the existence of Section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Article 227
- writ petition
- divorce
- family court
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- delay in matrimonial case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13016 of 2026
Gaurav Verma
.....Petitioner(s)
Versus
Smt. Pramila Singh
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kukmar Tiwari
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) Issue direction to learned trial court to decide the Matrimonial Case
No. 600 of 2025 pending before Additional Principal Judge/Family
Court, Shahjahanpur (Gaurav Verma Vs. Pramila Singh) within
stipulated period as fix by this Hon'ble Court which may deem fit and
proper under the circumstances of the case."
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
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
A227 No. 13016 of 2026
2
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, Shahjahanpur 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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