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Allahabad High Court

GAURAV VERMAversusSMT. PRAMILA SINGH

Decided

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

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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