Allahabad High Court
ANITA TRIVEDIversusRAVI TRIVEDI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Family Court to decide the pending matrimonial application within three months, without adjudicating the merits of the case.
Summary
The petitioner, Anita Trivedi, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Allahabad, to expedite the pending matrimonial application (Case No. 1334 of 2021) filed under Sections 25 and 27 of the Hindu Marriage Act, 1955. The petition alleged that the matrimonial case had been pending since August 2021 and requested disposal within a minimum stipulated period. The High Court, noting that no substantive hearing was required at this stage, disposed of the writ petition at the admission stage, directing the Family Court to decide the pending application within three months of receiving a certified copy of the order. The court emphasized that it was not adjudicating the merits of the matrimonial dispute. Consequently, the writ petition was dismissed with a directive for speedy disposal of the underlying case.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct the Family Court to expedite a pending matrimonial application under the Hindu Marriage Act.
- Whether the writ petition is maintainable for the purpose of obtaining an expeditious disposal direction.
Legislation cited
- Hindu Marriage Act, 1955 — s. 25, 27
Subjects
- Article 227
- writ petition
- Family Court
- matrimonial dispute
- Hindu Marriage Act
- Section 25
- Section 27
- expeditious disposal
- supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13236 of 2026
Anita Trivedi
.....Petitioner(s)
Versus
Ravi Trivedi
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Mishra, Prakhar Pandey
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 the learned Principal Judge, Family
Court, Allahabad to decide the Misc. Matrimonial Case No.1334 of 2021
(Anita Trivedi Vs. Ravi Trivedi) u/s 25 & 27 of the Hindu Marriage Act,
1955, filed by the Petitioner, which is pending since 24.08.2021
expeditiously, within minimum stipulated period as fixed by this Hon'ble
Court."
2. It is contended by learned counsel for the petitioner that petitioner was
married with opposite party according to Hindu rites and customs on
21.11.2007. Matrimonial dispute has arisen between the parties which had
led to filing a Matrimonial Case No. 1020 of 2013 before Principal Judge,
Family Court, Allahabad. The said suit was decreed ex-parte on 09.04.2014.
From the pleading, it appears that Divorce Petition No. 1216 of 2020 was
filed in which an application under Section 25 and 27 of Hindu Marriage Act
has been filed which has been registered as Matrimonial Case No. 1334 of
2021 and the same is pending consideration. The sole prayer made in the
writ petition is for expeditious disposal of the said application.
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 Misc. Matrimonial Case No.1334 of
2021 (Anita Trivedi vs. Ravi Trivedi), in accordance with law, after hearing
A227 No. 13236 of 2026
2
all affected parties, preferably within a period of three months from the date
of production of certified copy of this order.
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.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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