Allahabad High Court
SHYAM SONIversusSMT. RANI SONI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955, already requires expeditious trial of divorce petitions, so no separate direction from the High Court is required.
Summary
The petitioner, Shyam Soni, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Jhansi, to expedite the trial of his divorce suit (Suit No. 1074 of 2025). The petitioner argued that the divorce petition had been pending since 2025. The Court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that divorce petitions be tried and disposed of within six months of service of notice. The Court held that this statutory provision already obliges the Family Court to conduct the trial expeditiously, rendering a separate writ direction unnecessary. Consequently, 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 can be issued to direct a Family Court to expedite a pending divorce petition.
- Whether Section 21‑B of the Hindu Marriage Act, 1955, obviates the need for a separate judicial direction for expeditious disposal.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- expeditious trial
- Family Court
- writ petition
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13776 of 2026
Shyam Soni
.....Petitioner(s)
Versus
Smt. Rani Soni
.....Respondent(s)
Counsel for Petitioner(s) : Mayank Srivastava, Utkarsh Pandey
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, directing the Learned Principal Judge,
Family Court, Jhansi, to adjudicate Suit No. 1074 of 2025 (Shyam Soni
Vs. Smt. Rani Soni) expeditiously within a time period which this Hon'ble
Court may deem fit."
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.
A227 No. 13776 of 2026
2
(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, Jhansi 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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