Allahabad High Court
KAPIL BHARDWAJversusNISHU KUMAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that no separate direction is required because Section 21B of the Hindu Marriage Act already mandates an expeditious trial and disposal.
Summary
Petitioner Kapil Bhardwaj filed a writ petition under Article 227 seeking a direction to the Family Court, Ghaziabad, to hear and dispose of his Hindu Marriage Act petition (HMA Case No. 2979 of 2024) within three months without unnecessary adjournments. The petitioner argued that the petition under Section 11 of the Hindu Marriage Act had been pending since 2024. The Court examined Section 21B of the Hindu Marriage Act, 1955, which mandates day‑to‑day trial and aims to conclude petitions within six months of service. The Court held that the statutory provision already obliges the Family Court to conduct an expeditious trial, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any order directing the Family Court.
Issues considered
- Whether a writ petition under Article 227 can compel a Family Court to issue a specific direction for expeditious disposal of a Hindu Marriage Act petition despite the existence of Section 21B of the Act.
Legislation cited
- Hindu Marriage Act, 1955 — s. 11, 21B
Subjects
- Hindu Marriage Act
- Section 21B
- expeditious trial
- adjournment
- writ petition
- Article 227
- Family Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13263 of 2026
Kapil Bhardwaj
.....Petitioner(s)
Versus
Nishu Kumar
.....Respondent(s)
Counsel for Petitioner(s) : Atul Srivastava
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 directions to the Learned Judge, Family Court-5, Ghaziabad,
to hear and decide HMA Case No. 2979 of 2024 (Kapil Bhardwaj vs.
Neeshu Kumari) along with all pending interlocutory applications
(including Order XII Rule 6 CPC application) expeditiously, within a
period of 3 months, on a day-to-day basis without granting any
unnecessary adjournments to either party."
2. It is contended by counsel for the petitioner that petition filed under
Section 11 of Hindu Marriage Act is pending consideration since 2024.
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
respondent."
A227 No. 13263 of 2026
2
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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