Allahabad High Court
RANJAN KUMARI BHARTIversusAKHILESH KUMAR SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition was dismissed as withdrawn, with no merits adjudicated.
Summary
The petitioner, Ranjan Kumari Bharti, filed a writ petition under Article 227 seeking to set aside a divorce order dated 01.01.2026 passed by the Principal Judge of the Family Court, Ghazipur, in Matrimonial Divorce Petition No. 766 of 2024, invoking Section 13 of the Hindu Marriage Act, 1955. The petition also prayed for costs of the miscellaneous civil petition and liberty to file a fresh petition. During the proceedings, the petitioner’s counsel applied to withdraw the writ petition. The Standing Counsel for the High Court raised no objection to the withdrawal. The Court dismissed the petition as withdrawn, granting the petitioner liberty to file a fresh petition if desired, and ordered the return of the certified copy upon submission of a photocopy.
Issues considered
- Whether the order of the Family Court granting divorce under Section 13 of the Hindu Marriage Act, 1955, can be set aside by a writ petition under Article 227.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13
Subjects
- Hindu Marriage Act
- Section 13
- Divorce
- Writ Petition
- Withdrawal
- Family Court
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5802 of 2026
Ranjan Kumari Bharti
.....Petitioner(s)
Versus
Akhilesh Kumar Singh
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Kumar Singh, Lorik Yadav
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Learned counsel for the writ petitioner seeks to withdraw the present
writ petition, wherein prayer is to (i) Set aside the order dated
01.01.2026passed by the Principal Judge, Family CourtGhazipur in
Matrimonial Divorce Petition No. 766 of 2024 (Ranjan Kumari Bharti
Versus Akhilesh Kumar Singh) under Section 13 of Hindu Marriage Act-
1955; (ii) issue, any other, order or direction which this Hon'ble Court
may deem fit and proper in the facts and circumstances of the case;
(iii) award the costs of the Misc. Petition (Civil) to the petitioner/plaintiff,
due to inherent technical defect with liberty to file fresh.
2. Learned Standing Counsel has no objection to the same.
3. The present petition is dismissed as withdrawn with liberty as
aforesaid.
4. Certified copy be returned subject to furnishing of photocopy of the
same.
(Vikas Budhwar,J.)
May 6, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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