Allahabad High Court
SOBHA DEVIversusARVIND KUMAR @ BANTI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that Section 21‑B of the Hindu Marriage Act, 1955 already mandates speedy disposal of divorce petitions, so no separate direction is required and the writ petition is disposed.
Summary
Sobha Devi filed a writ petition under Article 227 seeking a direction to the Family Court, Kaushambi, to decide her divorce petition (Case No. 207 of 2025) under Section 13 of the Hindu Marriage Act, alleging undue delay since 2025. The petitioner argued that the divorce petition had been pending for an extended period. The Court examined Section 21‑B of the Hindu Marriage Act, 1955, which mandates that such 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 matter within a fixed period, rendering a separate 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 can be entertained to direct a Family Court to decide a pending divorce petition when the Hindu Marriage Act, 1955 already provides a timeline for disposal.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- Section 21-B
- divorce
- Family Court
- speedy trial
- writ petition
- Article 227
- judicial review
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13845 of 2026
Sobha Devi
.....Petitioner(s)
Versus
Arvind Kumar @ Banti
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Pandey, Virendra Singh
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) Issue an order or direction, directing the court below to decide the
Case No. 207 of 2025 (Sobha Devi Vs. Arvind Kumar @ Banti) under
section 13 of Hindu Marriage Act, 1955 pending before the Principal
Judge, Family Court, Kaushambi within the stipulated time period as
directed by this Hon'ble Court.
(Annexure No. 01 to this Misc. petition);"
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. 13845 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, Kaushambi 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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