Allahabad High Court
ARUN KUMAR GAUTAMversusSMT. RUBI @ ARCHANA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court dismissed the writ petition and directed the Family Court to decide the pending matrimonial case expeditiously under section 13(1) of the Hindu Marriage Act, in accordance with section 21B.
Summary
Arun Kumar Gautam filed a writ petition under Article 227 seeking a direction to the Family Court, Gautam Budh Nagar, to decide his matrimonial suit (Case No. 261 of 2025) filed under section 13(1) of the Hindu Marriage Act and pending since 12‑Feb‑2025. The petitioner argued that the delay in the family court violated the statutory mandate for speedy disposal. The High Court examined whether it could issue such a direction under its supervisory jurisdiction and the provisions of the Hindu Marriage Act. It held that, since the suit was already pending, the writ petition served no useful purpose and the appropriate remedy was to direct the family court to decide the case expeditiously, ensuring service of notice and a fair hearing. Accordingly, the petition was disposed and the family court was ordered to dispose of the matrimonial case in accordance with section 21B of the Hindu Marriage Act.
Issues considered
- Whether the High Court can, under Article 227, direct a Family Court to decide a pending matrimonial suit filed under section 13(1) of the Hindu Marriage Act.
- Whether such a direction is required to ensure compliance with the expeditious disposal mandate of section 21B of the Hindu Marriage Act.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1), 21B
Subjects
- Article 227
- writ petition
- Family Court
- matrimonial case
- Hindu Marriage Act
- section 13(1)
- section 21B
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5798 of 2026
Arun Kumar Gautam
.....Petitioner(s)
Versus
Smt. Rubi @ Archana
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Dubey, Kamini Pandey (Dubey)
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 Family Court, Gautam Budh Nagar to decide the
Matrimonial Case No. 261 of 2025 (Arun Kumar Gautam Versus Rubi @
Archana) under section 13(1) of Hindu Marriage Act pending in the Court of
Principal Judge Family Court Gautam Budh Nagar since 12-2-2025.
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 Family Court, Gautam Budh Nagar to decide the Matrimonial Case
No. 261 of 2025 (Arun Kumar Gautam Versus Rubi @ Archana) under
section 13(1) of Hindu Marriage Act pending since 12-2-2025, 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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