Allahabad High Court
DR. YOGESH KUMAR SHARMAversusSMT. MILKI SHARMA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21-B of the Hindu Marriage Act, 1955 provides the requisite framework for speedy disposal, so no separate direction is necessary and the writ petition is disposed.
Summary
Dr. Yogesh Kumar Sharma filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Agra, to conclude his divorce proceedings (Case No.2935/2023) under Section 13 of the Hindu Marriage Act within two months. The petitioner argued that the petition had been pending since 2023, causing undue delay. The court examined Section 21-B of the Hindu Marriage Act, which mandates that such petitions be tried expeditiously and aims for disposal within six months of service of notice. It held that this statutory provision already obliges the family court to dispose of the case without the need for a separate court direction. Consequently, the writ petition was disposed of without granting the specific time‑frame direction.
Issues considered
- Whether the High Court can issue a specific direction to the Family Court to dispose of a divorce petition within a stipulated period
- Whether Section 21-B of the Hindu Marriage Act, 1955 suffices to ensure expeditious disposal of the petition
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- divorce
- family court
- expeditious trial
- Article 227
- writ petition
- judicial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13729 of 2026
Dr. Yogesh Kumar Sharma
.....Petitioner(s)
Versus
Smt. Milki Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Shree Prakash Giri
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) Issue a suitable order or direction, directing to learned Principal
Judge, Family Court, Agra to conclude and decide proceeding of Case
No.2935/2023, CNR No. UPAGO20059232023, Dr. Yogesh Kumar
Sharma Vs. Smt. Milki Sharma, Under Section-13 of Hindu Marriage Act
within stipulated period preferably within period of two months so as to
secure end of justice."
2. It is contended by counsel for the petitioner that divorce petition is
pending consideration since 2023.
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
A227 No. 13729 of 2026
2
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 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, Agra 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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