Allahabad High Court
SAMEER TRIPATHIversusSMT. SAPNA TRIPATHI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955 provides for an expeditious trial and disposal, so the writ petition seeking a separate direction is dismissed.
Summary
The petitioner, Sameer Tripathi, filed a writ petition under Article 227 seeking a court order directing the Additional Principal Judge of the 3rd Family Court, Kanpur Nagar, to decide his pending divorce case (Case No. 438 of 2025) under Section 13 of the Hindu Marriage Act, 1955, on a day‑to‑day basis without unnecessary adjournments. The petitioner argued that the divorce petition had been pending since 2025 and required a specific direction for expeditious disposal. The Court examined Section 21‑B of the Hindu Marriage Act, which mandates that petitions be tried continuously and concluded within six months of service of notice, and that appeals be heard within three months. It 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 granting any specific direction to the family court. The judgment underscores the sufficiency of Section 21‑B in ensuring speedy trial of divorce petitions.
Issues considered
- Whether a writ petition under Article 227 can compel a family court to decide a pending divorce petition on a day‑to‑day basis without adjournments
- Whether Section 21‑B of the Hindu Marriage Act, 1955 obviates the need for a separate direction from the High Court
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 21‑B
- divorce
- family court
- expeditious trial
- adjournment
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13772 of 2026
Sameer Tripathi
.....Petitioner(s)
Versus
Smt. Sapna Tripathi
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Sadab Khan
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 an order or direction and commanding the Additional Principal
Judge, 3rd, Family Court, Kanpur Nagar, to decide Case No. 438 of
2025, Sameer Tripathi Versus Smt. Sapna Tripathi, under Section 13 of
the Hindu Marriage Act, 1955, expeditiously, within a time-bound period,
preferably on day-to-day basis, without granting
unnecessary adjournments, subject to there being no legal impediment, in
the interest of justice."
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
A227 No. 13772 of 2026
2
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 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, 3rd, Family Court, Kanpur Nagar to
proceed in accordance with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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