Allahabad High Court
SMT. PRITI SAINIversusSRI VINAY KUMAR SAINI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed because Section 21‑B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of divorce petitions, making a separate direction unnecessary.
Summary
Petitioner Smt. Priti Saini filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Kanpur Dehat, to decide her pending divorce petition (Case No.1309/2025) under Section 13 of the Hindu Marriage Act, 1955, within a stipulated period, alleging undue delay since 2025. The petitioner relied on Section 21‑B of the Hindu Marriage Act, which mandates that such petitions be tried expeditiously and concluded within six months of service of notice. The Court examined the statutory provision and held that the Act itself imposes a fixed timeline, rendering a separate direction unnecessary. Consequently, the writ petition was dismissed as the statutory mechanism already ensures timely disposal. The petition was therefore disposed of without any further order.
Issues considered
- Whether the High Court can issue a direction to the Family Court to decide a pending divorce petition within a stipulated period notwithstanding the provisions of Section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- divorce
- family court
- expeditious trial
- Article 227
- writ petition
- delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13335 of 2026
Smt. Priti Saini
.....Petitioner(s)
Versus
Sri Vinay Kumar Saini
.....Respondent(s)
Counsel for Petitioner(s) : Devendra Kumar Mishra
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"It is, therefore most respectfully prayed that this Hon'ble Court may be
graciously be pleased to direct the learned Principal Judge, Family Court
Kanpur Dehat to decide the Case No.1309/2025 (Smt. Priti Saini Vs.
Vinay Kumar Saini) U/s 13 of Hindu Marriage Act, 1955, within
stipulated period as directed by this Hon'ble Court, otherwise petitioner
shall suffer irreparable loss and injury."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2025.
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
A227 No. 13335 of 2026
2
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."
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, Kanpur Dehat to proceed in
accordance with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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