Allahabad High Court
PRINCIKA AGRAWALversusNISHANT GUPTA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No separate direction is required as Section 21B of the Hindu Marriage Act, 1955 already mandates expeditious trial and disposal.
Summary
Petitioner Princika Agrawal filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Bijnor, to decide her Section 25 Hindu Marriage Act application (Case No. 642 of 2025) within a stipulated period. The petitioner argued that the case was pending and required expeditious disposal. The Court examined Section 21B of the Hindu Marriage Act, 1955, which mandates that petitions under the Act be tried continuously and concluded within six months of service of notice. The Court held that this statutory provision already obliges the family court to act promptly, rendering a separate direction unnecessary. Consequently, the writ petition was disposed of without any order directing the family court.
Issues considered
- Whether a writ petition under Article 227 can direct a family court to decide a pending Hindu Marriage Act petition within a stipulated period despite the existence of Section 21B of the Act.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B, 25
Subjects
- Hindu Marriage Act
- Section 21B
- expeditious trial
- Article 227
- family court
- writ petition
- court direction
- delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13832 of 2026
Princika Agrawal
.....Petitioner(s)
Versus
Nishant Gupta
.....Respondent(s)
Counsel for Petitioner(s) : In Person
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. Direct the Additional Principal Judge, Family Court Bijnor to decide
the Case No. 642 of 2025 (Princika Agrawal Vs. Nishant Gupta) within
stipulated period as fixed by this Hon'ble court."
2. It is contended by petitioner who has appeared in person that an
application under Section 25 of Hindu Marriage Act, 1955 (hereinafter
referred to as "Act of 1955") has been filed before the court of Additional
Principal Judge, Family Court, Bijnor, which has been registered as Case
No. 642 of 2025 and the same is pending consideration. The sole prayer is
for expediting the proceeding of the said case.
3. Section 21B of Hindu Marriage of the 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
three months from the date of service of notice of appeal on the
A227 No. 13832 of 2026
2
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 Additional Principal Judge, Family
Court, Bijnor 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
Checking your session…