Allahabad High Court
ROHIT KUMARversusSMT POOJA
- Decided
- Bench
- VIKAS BUDHWAR
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
- Hindu Marriage Act, 1955 — s. 13, 21B
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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