Article 227 writ petition for direction to Family Court to decide divorce petition dismissed; Section 21B Hindu Marriage Act provides statutory timeline for expeditious disposal.
No separate direction issued; Family Court directed to proceed per Section 21B of Hindu Marriage Act, 1955 ¶¶16
Since Section 21B of the Hindu Marriage Act, 1955 already provides for expeditious trial and disposal of divorce petitions within six months, there is no need for a separate direction under Article 227; the Family Court should proceed in accordance with Section 21B ¶¶14-15
Neutral Citation No. - 2025:AHC:21344
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 1507 of 2025
Petitioner :- Vikas Shakya Respondent :- Smt. Bharti Thakur And Another Counsel for Petitioner :- Alok Singh,Phool Chandra Singh,Sumitra Singh
Hon'ble Rohit Ranjan Agarwal,J.
"(i) To issue appropriate Order or Direction exercising supervisory Jurisdiction under Article 227 of the Constitution of India Directing the directing to the Court concern i.e., Additional Principal Judge Family Court Jhansi, District Jhansi, to decide the Case No. 309 of 2023, Vikas Shakya Vs. Smt. Bharti Thakur (Under Section 13 of The Hindu Marriage Act), within a short/fixed time."
"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 respondent."
separate direction to the Court concerned. The Additional Principal Judge Family Court Jhansi, District Jhansi to proceed in accordance with Section 21B of Act of 1955.
Order Date :- 14.2.2025 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should issue a direction under Article 227 to the Family Court to decide a pending divorce petition within a fixed time, given the statutory timeline under Section 21B of the Hindu Marriage Act, 1955¶¶6-8
1 provisions across 1 enactments
How this case reached the court
Delay in deciding divorce petition Case No. 309 of 2023 under Section 13 Hindu Marriage Act pending since 2023¶¶7
Additional Principal Judge Family Court Jhansi, District Jhansi
Divorce petition Case No. 309 of 2023 (Vikas Shakya Vs. Smt. Bharti Thakur) under Section 13 Hindu Marriage Act filed in 2023 and pending¶¶8
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
