Allahabad High Court
NITESH YADAVversusNAGINA AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the family court to decide the pending suit expeditiously under Section 21B of the Hindu Marriage Act.
Summary
The petitioner, Nitesh Yadav, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge Family Court, IIIrd Jaunpur, to decide Suit No. 795 of 2024 filed by him against Nagina under Section 13 of the Hindu Marriage Act. The petitioner argued that the family court had unduly delayed the suit and requested an expeditious hearing. The court noted that the suit was still pending and that issuing further notices in the writ petition would serve no useful purpose. Consequently, the High Court disposed of the writ petition, directing the family court to decide the suit promptly in accordance with Section 21B of the Hindu Marriage Act. The direction includes ensuring service of notice to all respondents, providing them an opportunity of hearing, and allowing reasonable time to lead evidence, subject to the absence of any other legal impediment. The order was pronounced on May 6, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether the writ petition under Article 227 seeking a direction to the family court is maintainable.
- Whether the High Court can direct the family court to decide the pending suit expeditiously under Section 21B of the Hindu Marriage Act.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Article 227
- writ petition
- Hindu Marriage Act
- Section 13
- Section 21B
- family court
- expeditious disposal
- service of notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5880 of 2026
Nitesh Yadav
.....Petitioner(s)
Versus
Nagina And Another
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Yadav
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 Additional Principal Judge Family Court IIIrd
Jaunpur to decide the Suit No. 795 of 2024 (Nitesh Yadv Vs. Nagina) Under
Sectio 13 of Hindu Marriage Act.
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 Additional Principal Judge Family Court IIIrd Jaunpur to
decide the Suit No. 795 of 2024 (Nitesh Yadv Vs. Nagina) Under Sectio 13
of Hindu Marriage Act, 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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