Allahabad High Court
VIVEK YADAVversusSMT. JULI YADAV@ SONAM
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court may direct the Family Court to decide the pending divorce petition expeditiously under section 21‑B of the Hindu Marriage Act, 1955, and therefore disposed of the writ petition with such a direction.
Summary
Vivek Yadav filed a writ petition seeking a direction to the Principal Judge of the Family Court, Agra, to decide a pending divorce petition (Vinod Yadav v. Smt. Juli Yadav @ Sonam) filed under section 13 of the Hindu Marriage Act, 1955. The petitioner argued that the divorce case, pending since 19‑08‑2023, should be disposed of expeditiously. The Court observed that keeping the writ petition pending served no useful purpose while the divorce case remained unresolved. Accordingly, the Court disposed of the writ petition and issued a direction that the Family Court decide the divorce petition promptly, in accordance with section 21‑B of the Hindu Marriage Act, without unnecessary adjournments, subject to any legal impediment. The order was signed on 6 May 2026 by Justice Vikas Budhwar.
Issues considered
- Whether the High Court can direct the Family Court to decide a pending divorce petition expeditiously under section 21‑B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Hindu Marriage Act
- section 13
- section 21-B
- divorce
- writ petition
- expeditious disposal
- family court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5864 of 2026
Vivek Yadav
.....Petitioner(s)
Versus
Smt. Juli Yadav@ Sonam
.....Respondent(s)
Counsel for Petitioner(s) : Najakat Ali
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 is for a direction to
the Principal Judge, Family Court Agra to decide the Divorce Petition
bearing Case no. 1278 of 2023 (Vinod Yadav Versus Smt. Juli Yadav @
Sonam) under section 13 of Hindu Marriage Act, 1955 pending in the court
of Principal Judge, Family Court Agra pending since 19.8.2023
expeditiously preferably within stipulated period to be fixed by this Hon'ble
Court, so that justice may be done..
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 Principal Judge, Family Court Agra to decide the Divorce Petition
bearing Case no. 1278 of 2023 (Vinod Yadav Versus Smt. Juli Yadav @
Sonam) under section 13 of Hindu Marriage Act, 1955, expeditiously, as per
the mandate contained in Section 21-B of the Hindu Marriage Act, 1955,
without granting any unnecessary adjournments, subject to legal
impediment.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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