Allahabad High Court
SANTOSH KUMARversusSMT. MRIDUJALA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The statutory provision of Section 21‑B of the Hindu Marriage Act, 1955 suffices, and no separate direction under Article 227 is necessary; the writ petition is disposed.
Summary
Santosh Kumar filed a writ petition under Article 227 seeking a direction to the Family Court, Gautam Buddha Nagar, to decide his pending divorce case (Case No.1206 of 2025) under Section 13(1)(i‑a) of the Hindu Marriage Act, 1955 within a stipulated period. The petitioner argued that the divorce petition had been pending since 2025. The High Court examined Section 21‑B of the Hindu Marriage Act, which mandates that such petitions be tried expeditiously and concluded 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 writ direction unnecessary. Accordingly, the Court directed 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 is required to direct a Family Court to decide a pending divorce petition when the Hindu Marriage Act, 1955 already provides a fixed timeline for trial and disposal.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1)(i-a), 21-B
Subjects
- Article 227
- Hindu Marriage Act
- divorce
- Family Court
- Section 21-B
- expeditious trial
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13774 of 2026
Santosh Kumar
.....Petitioner(s)
Versus
Smt. Mridujala
.....Respondent(s)
Counsel for Petitioner(s) : Nikil Pathak, Pooja Gond
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 order or direction directing the Learned Court of Principal
Judge Family Court Gautam Buddha Nagar to decide the Case No.1206
of 2025 (Santosh Vs. Mridujala) Under Section 13(1)(i-a) of Hindu
Marriage Act, 1955, pending in the court of Learned Principal Judge,
Family Court, Gautam Buddha Nagar, within stipulated period as may be
granted by this Hon'ble Court, So that Justice may be done."
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
A227 No. 13774 of 2026
2
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 Principal Judge, Family Court, Gautam Buddha 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
Checking your session…