Allahabad High Court
SMT. ARTIversusMANISH PANDEY @ SAGAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed as Section 21-B of the Hindu Marriage Act already mandates expeditious disposal, making a separate direction unnecessary.
Summary
The petitioner, Smt. Arti, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of Family Court No.4, Prayagraj to decide her divorce petition (Marriage Petition No.2204 of 2024) under Section 13A of the Hindu Marriage Act expeditiously. The petitioner argued that the divorce petition had been pending since 2024. The Court examined Section 21-B of the Hindu Marriage Act, 1955, which mandates that petitions be tried and disposed of within six months of service of notice and that appeals be heard within three months. The Court held that the statutory provision already obliges the Family Court to dispose of the petition within a fixed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether the High Court can issue a direction to the Family Court to decide a divorce petition within a stipulated period under Article 227.
- Whether Section 21-B of the Hindu Marriage Act, 1955, suffices to ensure expeditious disposal of the divorce petition, obviating the need for a separate court direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13A, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- expeditious disposal
- Family Court
- writ petition
- Article 227
- divorce
- procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13399 of 2026
Smt. Arti
.....Petitioner(s)
Versus
Manish Pandey @ Sagar
.....Respondent(s)
Counsel for Petitioner(s) : Satya Prakash
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 an order or direction to the to learned Additional Principal
Judge Family Court No.4, Prayagraj decide the Marriage Petition
No.2204 of 2024 (Manish Pandey @ Sagar Vs. Smt. Arti) U/s 13A of
Hindu Marriage Act, expeditiously within stipulated/ shortest period
prescribed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 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. 13399 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 Additional Principal Judge, Family Court, Court No.4, Prayagraj to
proceed in accordance with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 24, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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