Allahabad High Court
DHIRENDRA PRATAP @ DHEERAJ KUMARversusSONALI GUPTA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No separate direction is required; the petition is dismissed as the Hindu Marriage Act, 1955 already mandates expeditious trial under Section 21B.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction for the Family Court to expedite the trial of a Section 11 Hindu Marriage Act petition pending since 2025. The petitioner argued that the case had been unduly delayed. The court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried within six months of service of notice and appeals within three months. It held that the statutory provision itself obliges the lower court to act expeditiously, rendering a separate direction unnecessary. Consequently, the writ petition was disposed without any further order.
Issues considered
- Whether a separate direction is required from the High Court to ensure expeditious disposal of a petition under Section 11 of the Hindu Marriage Act pending in the Family Court.
Legislation cited
- Hindu Marriage Act, 1955 — s. 11, 21B
Subjects
- Hindu Marriage Act
- Section 11
- Section 21B
- expeditious disposal
- writ petition
- Article 227
- family court
- trial timeline
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13215 of 2026
Dhirendra Pratap @ Dheeraj Kumar
.....Petitioner(s)
Versus
Sonali Gupta
.....Respondent(s)
Counsel for Petitioner(s) : Sudeep Dwivedi
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 suitable direction directing to direct the learned court
below for expeditious disposal of Case No. 1329/2025
Dhirendra Pratap@ Dheeraj Kumar Vs. Sonali Gupta, under
Section 11 of Hindu Marriage Act filed by petitioner on
07.11.2025, pending in the court of learned Principal Judge,
Family Court, Jaunpur within stipulated period provided by
this Hon'ble Court."
2. It is contended by counsel for the petitioner that petition filed under
Section 11 of Hindu Marriage Act is pending consideration since 2025.
3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as
"Act of 1955") provides as under :
"21B. 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
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
A227 No. 13215 of 2026
2
respondent."
4. As the Act of 1955 itself provides for deciding the petitions filed under
the Act within fixed period of time, there is no need for issuing a separate
direction to the Court concerned. The Principal Judge, Family Court
concerned to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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