Allahabad High Court
ANUPAM SAMANTversusBHAGYASHREE SARWEY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of as the Hindu Marriage Act, 1955 already provides a mandatory time‑frame for disposal, making a separate direction unnecessary.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of Family Court‑2, Meerut, to decide a pending restitution of conjugal rights case (Section 9, Hindu Marriage Act) within the time fixed by the court. The petition argued that the case had been pending since 2026. The court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that petitions under the Act be tried expeditiously and concluded within six months of service of notice, and that appeals be heard within three months. The court held that the statutory provision already obliges the family court to dispose of the matter within the prescribed period, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any further order.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a family court to decide a pending petition under Section 9 of the Hindu Marriage Act despite the existence of Section 21B prescribing a time‑frame.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B, 9
Subjects
- restitution of conjugal rights
- Hindu Marriage Act
- Section 21B
- expeditious trial
- writ petition
- Article 227
- family court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13804 of 2026
Anupam Samant
.....Petitioner(s)
Versus
Bhagyashree Sarwey
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Pandey, Ramesh Kumar
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:
"(i) issue a, order or direction commanding the Additional Principal
Judge, Family Court-2, Meerut to decide the Matrimonial Case No. 931
of 2026 Anupam Sarmant Vs. Bhagyashree Sarwey, filed under section 9
of Hindu Marriage Act within stipulated time, as so fixed by this Hon'ble
Court"
2. It is contended by counsel for the petitioner that petition filed under
Section 9 of Hindu Marriage Act for restitution of conjugal rights is
pending consideration since 2026.
3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as
"Act of 1955") provides as under :
"21B. 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. 13804 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 petitions filed under
the Act within fixed period of time, there is no need for issuing a separate
direction to the Court concerned. The Principal Judge, Family Court
concerned to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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