Allahabad High Court
GAURAV PANDEYversusGEETIKA PANDEY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that because Section 21‑B of the Hindu Marriage Act, 1955 already mandates expeditious disposal, the writ petition seeking a separate direction was unnecessary and was disposed.
Summary
Petitioner Gaurav Pandey filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Kanpur Dehat, to expedite the pending divorce case No. 830 of 2022 filed under Section 13 of the Hindu Marriage Act. The petitioner argued that the divorce petition had been pending since 2022. The Court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that petitions be tried expeditiously and concluded within six months of service of notice, and appeals within three months. Since the statute already provides a fixed timeline for disposal, the Court held that no separate direction was necessary. Accordingly, the Court ordered the Family Court to proceed in accordance with Section 21‑B and disposed of the writ petition.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct the expeditious disposal of a pending divorce petition when the Hindu Marriage Act already prescribes a time‑bound procedure.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21-B
- divorce
- family court
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13708 of 2026
Gaurav Pandey
.....Petitioner(s)
Versus
Geetika Pandey
.....Respondent(s)
Counsel for Petitioner(s) : Akansha Verma, Deepak Kumar Verma
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 order or direction to direct the learned Principal Judge,
Family Court Kanpur Dehat to decide/Expedite the Case No. 830 of 2022
(Gaurav Pandey Vs. Smt. Geetika Pandey) under Section 13 of Hindu
Marriage Act, Police Station Mangalpur, District Kanpur Dehat, within
time bound as may be stipulated period fixed by this Hon'ble Court."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2022.
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. 13708 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 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 30, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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