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Allahabad High Court

ANUJ GUPTAversusSMT. DIVI GUPTA

Decided

Holding

The writ petition is disposed of with a direction to the Family Court to decide the pending divorce suit expeditiously, ensuring due process as mandated by Section 21B of the Hindu Marriage Act.

Summary

The petitioner, Anuj Gupta, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Kanpur Nagar, to decide the pending divorce suit (case no. 428 of 2023) under section 13 of the Hindu Marriage Act, 1955. The petitioner argued that the suit needed to be decided expeditiously. The Court noted that the suit was already pending and that keeping the writ petition alive served no useful purpose. Accordingly, the Court disposed of the writ petition, directing the Family Court to decide the suit promptly, ensuring service of notice, hearing, and opportunity to lead evidence, in accordance with Section 21B of the Hindu Marriage Act. The order was dated May 6, 2026.

Issues considered

  • What is the appropriate supervisory direction, if any, that the High Court can issue under Article 227 to a Family Court pending a divorce suit under section 13 of the Hindu Marriage Act?
  • Whether the High Court should order the Family Court to decide the pending suit expeditiously in compliance with Section 21B of the Hindu Marriage Act.

Legislation cited

Subjects

  • Article 227
  • Hindu Marriage Act
  • Section 13
  • Section 21B
  • Family Court
  • Writ Petition
  • Divorce
  • Expeditious Disposal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5820 of 2026

                                    Anuj Gupta
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Smt. Divi Gupta
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Virendra Kumar Tiwari
                                    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 Additional Principal Judge Family Court room no. 3 Kanpur
                                    Nagar to here and decide the case no. 428 of 2023 ( Anuj Gupta -vs- Smt.
                                    Divi Gupta) under section 13 of Hindu Marriage Act 1955, pending before it
                                    within stipulated time, as may deem fit and proper by this Hon'ble Court.

                                    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 Additional Principal Judge Family Court room no. 3 Kanpur Nagar to
                                    here and decide the case no. 428 of 2023 ( Anuj Gupta -vs- Smt. Divi Gupta)
                                    under section 13 of Hindu Marriage Act 1955, 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
                                    Ashu
                                                                                              (Vikas Budhwar,J.)



Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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