Section 21B – Special Provisions for Trial and Disposal of Petitions

(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.

Explained:

Section 21B of the Hindu Marriage Act, 1955 deals with the speedy trial and disposal of matrimonial petitions filed under the Act. Its primary objective is to reduce unnecessary delays in family court proceedings and help parties resolve matrimonial disputes without prolonged litigation.

What Does Section 21B Provide?

Section 21B contains two important provisions.

1. Day-to-day trial of matrimonial cases

Under Section 21B(1), the trial of a petition under the Hindu Marriage Act should, as far as practicable, continue from day to day until its conclusion. Adjournments should not be granted unless the court considers them necessary for reasons recorded in writing.

This provision aims to prevent avoidable interruptions and ensure that matrimonial disputes receive timely judicial attention.

2. Time limit for disposal

Section 21B(2) states that every petition under the Act should, as far as possible, be tried within six months from the date of service of notice on the respondent. Every appeal under the Act should, as far as possible, be heard within three months from the date of service of notice on the respondent.

These time limits express the legislative intention to promote speedy justice. However, they are qualified by the words “as far as possible” and do not automatically guarantee disposal within the specified period.

Important Judgments on Section 21B

Ranjeet Kaur v. Satwant Singh (2005): This case is cited in connection with the timely handling of matrimonial proceedings and the court’s responsibility to avoid procedural delays. The decision highlights the importance of following the statutory framework for expeditious disposal.

Manisha v. Bhupinder Kumar Sharma (2008): The Supreme Court dealt with the transfer of matrimonial proceedings and the need for the transferee court to follow the applicable procedural safeguards, including Section 21B.

Ketaki Basu v. Manoj Basu (2018): The Calcutta High Court considered the purpose of Section 21B and emphasised the need for matrimonial courts to work towards expeditious disposal in accordance with the legislative objective.

Conclusion

Section 21B of the Hindu Marriage Act, 1955, encourages continuous hearings, limits unnecessary adjournments and promotes timely decisions in matrimonial cases. It supports efficient family court administration while preserving the court’s discretion to ensure fairness and a proper opportunity for both parties to present their cases.