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Allahabad High Court

SEEMA DUBEYversusAMAN KUMAR DUBEY @ ANKIT

Decided

Holding

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

Summary

Seema Dubey filed a writ petition under Article 227 seeking a direction to the Principal Judge Family Court, Bhadohi, to decide Marriage Petition No. 76 of 2024 filed under section 13B of the Hindu Marriage Act (Seema v. Sneha Singh). The petitioner argued that the marriage petition was pending and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the marriage petition remained unresolved. Consequently, the Court disposed of the writ petition and directed the Family Court to decide the pending marriage petition promptly, in accordance with Section 21B of the Hindu Marriage Act, ensuring service of notice and opportunity of hearing to all parties. The order was pronounced on May 6, 2026.

Issues considered

  • Whether the writ petition seeking a direction to the Family Court to decide a pending marriage petition should be entertained or disposed.
  • Whether the Court can direct the Family Court to decide the marriage petition expeditiously under Section 21B of the Hindu Marriage Act.

Legislation cited

Subjects

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

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5799 of 2026

                                    Seema Dubey
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Aman Kumar Dubey @ Ankit
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Siddhartha Kumar 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 Court of Principal Judge Family Court, Bhadohi to decide
                                    the case that is Marriage Petition No. 76 of 2024 filed under section 13B of
                                    Hindu Marriage Act (Seema vs. Sneha Singh).

                                    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 Court of Principal Judge Family Court, Bhadohi to decide the case that
                                    is Marriage Petition No. 76 of 2024 filed under section 13B of Hindu
                                    Marriage Act (Seema vs. Sneha Singh), 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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