Allahabad High Court

RENUversusMONTI SAINI

Decided: 5 May 2026
Bench: VIKAS BUDHWAR

Holding

The writ petition is disposed of with a direction to the Principal Judge, Family Court, to decide the pending case expeditiously under Section 21B of the Hindu Marriage Act, 1955.

Summary

The petitioner, Renu, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Bijnor, to decide a pending matrimonial case (Case No. 1199 of 2025) filed under Section 13‑B of the Hindu Marriage Act, 1955. The petition alleged that the Family Court had not yet decided the matter and prayed for an expeditious disposal. The High Court observed that since the case was already pending before the Family Court, keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition, directing the Family Court to decide the pending case promptly, in accordance with Section 21B of the Hindu Marriage Act, ensuring service of notice, hearing, and opportunity to lead evidence, provided no other legal impediment exists. The order was pronounced on May 6, 2026, by Justice Vikas Budhwar.

Issues considered

Whether the High Court can, under Article 227, issue a direction to a Family Court to decide a pending matrimonial suit under Section 13‑B of the Hindu Marriage Act, 1955.
Whether such a direction is necessary for expeditious disposal of the pending case.

Legislation cited

Hindu Marriage Act, 1955 — s. 13-B, 21B

Subjects

Article 227
writ petition
Hindu Marriage Act
Section 13-B
Section 21B
Family Court
expeditious disposal
jurisdiction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 5739 of 2026

                                    Renu
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Monti Saini
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)        :   Manoj Kumar Tripathi, Vinod Kumar Tirpathi
                                    Counsel for Respondent(s)        :

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    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 for a writ, order or
                                    direction to the Principal Judge, Family Court to decide the in Case No 1199
                                    of 2025 (Renu Vs Monti Saini) Under Section 13-B Hindu Marriage Act
                                    1955 Police Station- Chandpur, District Bijnor, pending before the Family
                                    Court District Bijnor.

                                    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 Principal Judge, Family Court to decide the in Case No 1199 of 2025
                                    (Renu Vs Monti Saini) Under Section 13-B Hindu Marriage Act 1955 Police
                                    Station- Chandpur, District Bijnor, pending before the Family Court District
                                    Bijnor, in accordance with law, expeditiously as per mandate under Section
                                    21B of the Hindu Marriage Act, 1955, after ensuring service of notice upon
                                    all the respondents and providing opportunity of hearing to all the concerned
                                    parties as well as giving a reasonable opportunity of leading evidence in
                                    respect of their case, provided there is no other legal impediment.

                                    May 6, 2026
                                    Rajesh
                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad

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