Allahabad High Court
DEEKSHA SWAROOPversusSAURABH SWAROOP
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of divorce petitions, rendering a separate direction under Article 227 unnecessary.
Summary
Deeksha Swaroop filed a writ petition under Article 227 seeking a direction to the Family Court, Agra, to decide her divorce case (Case No. 775 of 2026) under Section 13 of the Hindu Marriage Act, 1955, alleging undue delay since 2026. The petitioner argued that the family court had not disposed of the petition within a reasonable time. The court examined Section 21‑B of the Hindu Marriage Act, which mandates that divorce petitions be tried and concluded expeditiously, preferably within six months of service of notice. It held that the statutory provision itself obliges the family court to act promptly, obviating the need for a separate judicial direction. Consequently, the writ petition was dismissed as unnecessary. The petition was therefore disposed of by the High Court.
Issues considered
- Whether a writ under Article 227 is required to direct the Family Court to expedite a divorce petition pending under Section 13 of the Hindu Marriage Act, 1955
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 13
- Section 21-B
- divorce
- expeditious trial
- Article 227
- Family Court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13225 of 2026
Deeksha Swaroop
.....Petitioner(s)
Versus
Saurabh Swaroop
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Srivastav, Shubham Kumar
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 a direction to the learned Principal Judge/Additional Principal
Judge, Family Court, Agra, to consider and decide Case No. 775 of 2026,
(Deeksha Vs. Saurabh), under Section 13 of the Hindu Marriage Act,
1955, pending before the Family Court, Agra, expeditiously, preferably
within such time as may be fixed by this Hon'ble Court, in accordance
with law."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since the year 2026.
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
respondent.
(3) Every appeal under this Act shall be heard as expeditiously as
A227 No. 13225 of 2026
2
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/Additional Principal Judge, Family Court, Agra 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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