Allahabad High Court
AJAY KUMAR PATELversusSMT MEERA PATEL
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955, already mandates expeditious disposal, so no separate direction under the writ is required.
Summary
The petitioner Ajay Kumar Patel filed a writ under Article 227 seeking a direction to the Principal Judge of the Family Court, Prayagraj, to dispose of his pending divorce petition (Case No. 1830 of 2024) within a month, alleging irreparable loss due to delay. The petitioner relied on 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 examined whether a separate writ direction was necessary when the statute already provides a time‑frame for disposal. It held that Section 21‑B itself obliges the family court to adhere to the prescribed timeline and therefore a specific direction under the writ is unnecessary. Consequently, the writ petition was disposed of without any order directing the family court. The decision underscores the self‑executing nature of the statutory provision for speedy disposal of matrimonial suits.
Issues considered
- Whether the High Court can issue a writ directing the Family Court to decide a divorce petition within a month despite the statutory provision of six months under Section 21‑B of the Hindu Marriage Act, 1955
- Whether a separate direction is required when the Act already mandates expeditious disposal of divorce petitions
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Hindu Marriage Act
- Section 21‑B
- divorce
- expeditious trial
- writ petition
- Article 227
- family court
- delay
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13031 of 2026
Ajay Kumar Patel
.....Petitioner(s)
Versus
Smt Meera Patel
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Prakash Pandey
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"1. Allow this petition and direct to the Learned Principal Judge Family
Court, Prayagraj to decide Case No. 1830 of 2024 u/s 13 Hindu
Marriage Act (Ajay Kumar Patel Vs Meera Patel), Concerned Police
Station Mau Aima, District Prayagraj within month/early disposal of the
case, otherwise the petitioner/plaintiff will suffer irreparable loss and
injury."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2024.
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. 13031 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, Prayagraj 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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