Allahabad High Court
VIKASH SONKARversusSHWETA SONKAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed as Section 21B of the Hindu Marriage Act, 1955 already mandates expeditious disposal, making a separate direction unnecessary.
Summary
The petitioner, Vikash Sonkar, filed a writ petition under Article 227 before the Allahabad High Court seeking a direction to the Principal Judge of the Family Court, Mau, to decide his pending divorce case (No. 257/2021) within a stipulated period. The petition alleged that the divorce petition had been pending since 2021. The Court examined Section 21B 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 itself obliges the Family Court to dispose of the case within the prescribed time, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any order directing the Family Court.
Issues considered
- Whether a writ under Article 227 is required to direct the Family Court to decide a pending divorce petition despite the time limits prescribed in Section 21B of the Hindu Marriage Act, 1955
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21B
- divorce
- family court
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13347 of 2026
Vikash Sonkar
.....Petitioner(s)
Versus
Shweta Sonkar
.....Respondent(s)
Counsel for Petitioner(s) : Imamuddin, Lavlesh Kumar Shukla
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"(1) Direct the Principal Judge Family Court, Mau to decide the Divorce
Case No. 257/2021 (Vikash Sonkar Vs Shweta Sonkar) pending before
Principal Judge Family Court Mau U/s 13 of the Hindu Marriage Act
within stipulated period as fixed by the Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2021.
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. 13347 of 2026
2
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. The Principal Judge, Family Court to
proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 24, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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