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Allahabad High Court

ROHIT KUMARversusSMT POOJA

Decided

Holding

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

Summary

The petitioner, Rohit Kumar, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Bareilly, to decide his pending divorce petition (No. 172 of 2025) under Section 13 of the Hindu Marriage Act. The petitioner’s counsel requested an expeditious decision. The Court observed that the divorce case was already pending and that keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition, directing the Family Court to decide the divorce case promptly, in accordance with Section 21B of the Hindu Marriage Act, ensuring proper service of notice and opportunity for hearing. The order effectively dismisses the writ petition while mandating speedy disposal of the underlying divorce suit.

Issues considered

  • What relief, if any, can be granted by a High Court under Article 227 in a writ petition seeking direction to a Family Court to decide a pending divorce petition under Section 13 of the Hindu Marriage Act?

Legislation cited

Subjects

  • divorce
  • Hindu Marriage Act
  • Section 13
  • Section 21B
  • writ petition
  • Article 227
  • Family Court
  • expeditious disposal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5788 of 2026

                                    Rohit Kumar
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Smt Pooja
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Ved Prakash Mishra
                                    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 learned Principal Judge Family Court Bareilly to decide the
                                    divorce petition No. 172 of 2025, (Rohit Kumar Vs. Smt. Pooja) under
                                    Section 13 Hindu Marriage Act.

                                    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 learned Principal Judge Family Court Bareilly to decide the divorce
                                    petition No. 172 of 2025, (Rohit Kumar Vs. Smt. Pooja) under Section 13
                                    Hindu Marriage Act, 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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