Created by Fuzzy Cloud

Allahabad High Court

RISHABH DWIVEDIversusDIVYA MISHRA

Decided

Holding

The petition is dismissed because Section 21B of the Hindu Marriage Act already requires expeditious disposal, so no separate direction is needed.

Summary

The petitioner, Rishabh Dwivedi, filed a writ petition under Article 227 seeking a court order directing the Additional Principal Judge of Family Court‑3, Kanpur Nagar to decide his pending Section 12 Hindu Marriage Act petition (case no. 2334 of 2024) within a stipulated time. The petitioner argued that the petition had been pending since 2024. The court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried expeditiously and concluded 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 matter within a fixed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.

Issues considered

  • Whether a writ petition under Article 227 can direct a family court to decide a pending Section 12 Hindu Marriage Act petition within a stipulated period despite the existence of Section 21B of the Hindu Marriage Act.

Legislation cited

Subjects

  • Hindu Marriage Act
  • Section 12
  • Section 21B
  • expeditious trial
  • family court
  • writ petition
  • Article 227
  • speedy disposal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            MATTERS UNDER ARTICLE 227 No. - 13675 of 2026

Rishabh Dwivedi
                                                                    .....Petitioner(s)
                                       Versus

Divya Mishra
                                                                  .....Respondent(s)

Counsel for Petitioner(s)                       :   Awadh Bihari Pandey
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) direct the Additional Principal Judge Family Court-3, Kanpur Nagar
     to decide case no. 2334 of 2024 (Rishabh Dwivedi Vs. Divya Mishra),
     filed u/s 12 of the Hindu Marriage Act, at the earliest within time frame to
     be stipulated period as fixed by this Hon'ble Court."

2. It is contended by counsel for the petitioner that petition filed under
Section 12 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."

4. As the Act of 1955 itself provides for deciding the petitions filed under
                                                                                           A227 No. 13675 of 2026
                                                                   2


                                    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 30, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.