Allahabad High Court
RAJEEV KUMAR CHOUDHARYversusSMT. SEEMA SHARMA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955, already mandates expeditious trial and disposal, so the High Court need not issue a separate direction to the Family Court.
Summary
The petitioner, Rajeev Kumar Choudhary, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Gautam Buddh Nagar, to decide his divorce case (Case No. 475 of 2020) filed under section 13(1‑ka) of the Hindu Marriage Act, 1955, within a stipulated time. The petitioner argued that the divorce petition had been pending since 2020. The Court examined Section 21‑B of the Hindu Marriage Act, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. The Court held that the statutory provision already obliges the Family Court to decide the matter within a fixed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether the High Court can issue a direction to the Family Court to decide a pending divorce petition within a stipulated time.
- Whether Section 21‑B of the Hindu Marriage Act, 1955, suffices to ensure expeditious disposal of the petition, obviating the need for a separate direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1‑ka), 21-B
Subjects
- Hindu Marriage Act
- divorce
- Family Court
- expeditious trial
- Section 21-B
- writ petition
- Article 227
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13212 of 2026
Rajeev Kumar Choudhary
.....Petitioner(s)
Versus
Smt. Seema Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Kumar Pandey, Smt. Kirti
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:
"It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to direct the Additional Principal Judge, Family
Court, Gautam Buddh Nagar to forthwith decide the Case No. 475 of
2020, Rajeev Vs. Seema, filed under section 13(1 - ka) of Hindu Marriage
Act 1955, within such stipulated time may be fixed by this Hon'ble Court,
And/or to pass any such other and further interim-order which this
Hon'ble Court may deem fit and proper under the facts and circumstances
of the case."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since the year 2020.
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. 13212 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, Gautam Buddh Nagar to
proceed in accordance with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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