Allahabad High Court
AWADHESH BAGHELversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that Section 21‑B of the Hindu Marriage Act, 1955, already requires expeditious trial and disposal of divorce petitions, so no separate writ direction is necessary.
Summary
Awadhesh Baghel filed a writ petition under Article 227 seeking a court order directing the Principal Judge of the Family Court, Aligarh, to decide his pending divorce petition (No. 1258 of 2024) within a fixed period, alleging undue delay since 2024. The petitioner argued that the prolonged pendency would cause irreparable loss. The respondent contested the need for a separate direction. The High Court examined 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 held that the statutory provision already obliges the Family Court to dispose of the matter within a reasonable time, rendering a separate writ unnecessary. Consequently, the writ petition was disposed without granting any specific direction.
Issues considered
- What is the appropriate jurisdiction of the High Court under Article 227 to direct a Family Court to expedite a divorce petition?
- Does Section 21‑B of the Hindu Marriage Act, 1955, obviate the need for a separate writ direction for speedy disposal of a pending divorce petition?
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- divorce
- expeditious trial
- Article 227
- Family Court
- writ petition
- petition disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13258 of 2026
Awadhesh Baghel
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Diwakar Singh Pal, Monarch Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"a. Issue writ, order and direction commanding the learned Principal
Judge Family Court, District Aligarh to decide divorce petition No. 1258
of 2024 (Awadhesh Baghel vs. Reetu @ Neetu) within stipulated period as
fixed by this Hon'ble Court, pending before the Principal Judge Family
Court, District Aligarh otherwise great injustice may be caused and
petitioner will suffer irreparable loss and injury."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since the year 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
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. 13258 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, Aligarh 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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