Allahabad High Court
ANOOP SINGHversusGARIMA SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that Section 21‑B of the Hindu Marriage Act, 1955 provides the requisite timeline for disposal of divorce petitions, and therefore no separate direction is required.
Summary
Petitioner Anoop Singh filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Chitrakoot, to dispose of his pending divorce case (Case No. 48 of 2023) within a month. The petitioner argued that the divorce petition had been pending since 2023, causing undue delay. 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. The Court held that the statutory provision already obliges the Family Court to dispose of the matter within a reasonable time, rendering a separate direction unnecessary. Accordingly, the High Court directed the Family Court to proceed in accordance with Section 21‑B and disposed of the writ petition.
Issues considered
- Whether a writ petition under Article 227 can compel a Family Court to dispose of a pending divorce petition within a specific time frame beyond the period prescribed in Section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21-B
- divorce
- family court
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13243 of 2026
Anoop Singh
.....Petitioner(s)
Versus
Garima Singh
.....Respondent(s)
Counsel for Petitioner(s) : Apurva Hajela, Manujeet Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"a. Issue a suitable order or direction to the Court of Principle Judge,
Family Court, District Chitrakoot to decide and dispose of Case No. 48 of
2023 (Anoop Singh Vs. Garima Singh) pending before it under Section 13
of the Hindu Marriage Act, 1955 within a stipulated period of time and if
possible, then within a month."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since the year 2023.
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
possible, and endeavour shall be made to conclude the hearing within
A227 No. 13243 of 2026
2
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, Chitrakoot 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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