Allahabad High Court
UPENDRA SINGH KUSHWAHAversusKAJAL SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court disposed of the writ petition at the admission stage, directing the family court to decide the pending matrimonial case within two months, without adjudicating the merits.
Summary
The petitioner, Upendra Singh Kushwaha, married Kajal Singh on 12‑12‑2016 and filed a mutual divorce petition under Section 13B of the Hindu Marriage Act before the Principal Judge of the Family Court, Ghazipur, on 03‑09‑2025. The divorce case remained pending, prompting the petitioner to file a writ petition under Article 227 seeking a direction that the family court decide the matter expeditiously, preferably within two months. The High Court, after admitting the petition, declined to call for a counter‑affidavit or issue notice, and instead disposed of the writ petition at the admission stage, directing the family court to dispose of the matrimonial case within two months if no legal impediments exist. The court expressly stated that it had not adjudicated the merits of the divorce petition. Consequently, the writ petition was disposed of with a procedural direction to the family court.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a family court to decide a pending mutual divorce case expeditiously.
Legislation cited
- Hindu Marriage Act — s. 13B
Subjects
- Article 227
- Writ petition
- Family Court
- Mutual divorce
- Expeditious disposal
- Hindu Marriage Act
- Section 13B
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12203 of 2026
Upendra Singh Kushwaha
.....Petitioner(s)
Versus
Kajal Singh
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Jaiswal
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) issue, an order or direction to Principal Judge, Family Court District-
Ghazipur to decide the Matrimonial Case No. 625/2025 (Upendra Singh
Kushwaha Vs. Kajal Singh) U/S 13-B of Hindu Marriage Act
expeditiously/ within time bound period."
2. It is contended by learned counsel for the petitioner that petitioner was
married to opposite party according to Hindu rites and customs on
12.12.2016. Matrimonial dispute has arisen between the parties which led
them living separately. A petition under Section 13B of Hindu Marriage Act
for mutual divorce was filed before Principal Judge, Family Court, Ghazipur
on 03.09.2025, which is pending consideration. The sole prayer made in the
writ petition is for expeditious disposal of the same.
3. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction
upon court concerned to decide the Matrimonial Case No. 625 of 2025
(Upendra Singh Kushwaha vs. Kajal Singh), strictly in accordance with law,
preferably within a period of two months from the date of production of
certified copy of this order, if there are no legal impediments.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
September 8, 2026//(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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