Allahabad High Court
PRITIversusRAHUL
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the Family Court to decide the pending suit expeditiously without unnecessary adjournments.
Summary
The petitioner Priti filed a writ petition seeking a direction to the Additional Principal Judge of the Family Court, Allahabad, to decide her pending matrimonial case (Case No. 362 of 2025) under sections 13, 25 and 27 of the Hindu Marriage Act. The petition argued that the suit needed to be decided expeditiously. The High Court noted that the suit was already pending and that issuing further notices to the respondent was unnecessary. Consequently, the Court disposed of the writ petition, directing the Family Court to decide the suit promptly, without unnecessary adjournments, in accordance with Section 21B of the Hindu Marriage Act. No opposition was raised to the amendment application, which was allowed.
Issues considered
- Whether the High Court can issue a direction under Section 21B of the Hindu Marriage Act for the Family Court to decide a pending matrimonial suit expeditiously.
- Whether the writ petition should be dismissed as the suit is already pending before the Family Court.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B, 25, 27
Subjects
- Hindu Marriage Act
- Section 21B
- Family Court
- expeditious disposal
- writ petition
- direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5704 of 2026
Priti
.....Petitioner(s)
Versus
Rahul
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Yadav
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
In Re: Amendment Application No.2 of 2026.
1. Since there is no objection to the amendment application, the same is
allowed.
2. Necessary amendment be carried out during the course of the day.
On on petition
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The solitary relief claimed in the present writ petition is for a direction to
the Addl. Principal Judge Family Court Allahabad to decide the Case No.
362 of 2025 (Priti Vs. Rahul) under section 13, 25 and 27 of the Hindu
Marriage Act, pending before the learned Addl. Principal Judge Family
Court Allahabad within stipulated period.
4. Learned counsel prayed that the said suit may be decided, expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the Addl. Principal Judge Family Court Allahabad to decide the Case No.
362 of 2025 (Priti Vs. Rahul) under section 13, 25 and 27 of the Hindu
Marriage Act, expeditiously, as per the mandate contained in Section 21B of
A227 No. 5704 of 2026
2
the Hindu Marriage Act, 1955, without granting any unnecessary
adjournments, subject to legal impediment.
May 5, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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