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Allahabad High Court

MANJEET KUMARversusSMT. LALITA

Decided

Holding

The writ petition is disposed of without granting a direction, as Section 21-B of the Hindu Marriage Act, 1955 already mandates expeditious disposal of the divorce petition.

Summary

Manjeet Kumar filed a writ petition under Article 227 of the Constitution seeking a direction to the Principal Judge of the Family Court, Etah, to decide his pending divorce petition filed in 2025. The petitioner argued that the divorce petition had been pending for an undue period. The Court examined Section 21-B of the Hindu Marriage Act, 1955, which mandates that such petitions be tried and disposed of expeditiously, preferably within six months of service of notice. The Court held that the statutory provision itself obliges the Family Court to decide the matter within the prescribed time, rendering a separate direction under Article 227 unnecessary. Consequently, the writ petition was disposed of, with an instruction that the Family Court proceed in accordance with Section 21-B of the Act.

Issues considered

  • Whether a direction under Article 227 is required for the Family Court to decide a pending divorce petition when Section 21-B of the Hindu Marriage Act, 1955 provides a timeline for disposal.

Legislation cited

Subjects

  • Divorce
  • Hindu Marriage Act
  • Article 227
  • Expeditious disposal
  • Family Court
  • Writ petition

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
              MATTERS UNDER ARTICLE 227 No. - 13723 of 2026

Manjeet Kumar
                                                                   .....Petitioner(s)
                                      Versus

Smt. Lalita
                                                                .....Respondent(s)

Counsel for Petitioner(s)            : Nitish Kumar Pandey, Onkar Nath
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. to issue a direction under Article 227 of constitution of India to
     Learned Principal Judge Family Court Etah to decide the Divorce
     Petition No 24 of 2025 under section 13 of Hindu Marriage Act, Manjeet
     Kumar Vs Smt. Lalita, expeditiously pending before Principal Judge
     Family Court Etah."

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
     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. 13723 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, Etah 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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