Allahabad High Court
RAHUL KUMARversusSMT ANSHIKA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Section 21‑B of the Hindu Marriage Act, 1955, already mandates expeditious trial and disposal of divorce petitions, so the High Court need not issue a separate direction.
Summary
The petitioner, Rahul Kumar, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of Family Court No.1, Ghaziabad, to decide his divorce case (filed under Section 13(1) of the Hindu Marriage Act, 1955) within a stipulated period, alleging undue delay since 2023. The petitioner argued that the divorce petition had been pending for an extended time. The court examined Section 21‑B of the Hindu Marriage Act, which mandates that divorce petitions be tried expeditiously and concluded within six months of service of notice. The court held that this statutory provision already obliges the family court to dispose of the petition within a fixed period, rendering a separate judicial direction unnecessary. Consequently, the writ petition was dismissed as there was no need for further intervention. The petition was therefore disposed of by the High Court.
Issues considered
- Whether the High Court can issue a direction to the Family Court to decide a pending divorce petition within a stipulated period.
- Whether Section 21‑B of the Hindu Marriage Act, 1955, suffices to ensure expeditious disposal of the divorce petition, obviating the need for a separate direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1), 21-B
Subjects
- Hindu Marriage Act
- divorce
- Section 21-B
- expeditious trial
- writ petition
- Article 227
- family court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13805 of 2026
Rahul Kumar
.....Petitioner(s)
Versus
Smt Anshika
.....Respondent(s)
Counsel for Petitioner(s) : Jay Prakash Yadav
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:
"a. direct the Additional Principal Judge Family Court No. 1, Ghaziabad
to decide the Divorce Case No. 2794 of 2023 (Rahul Kumar Vs. Smt.
Anshika) filed by the petitioner/plaintiff on 02.11.2023, under section
13(1) Hindu Marriage Act, 1955, within a stipulated period."
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.
A227 No. 13805 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 Additional Principal Judge, Family Court No. 1, Ghaziabad to
proceed in accordance with Section 21B of Act of 1955.
6. Writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
October 1, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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