Allahabad High Court
KRISHNA PRATAPversusSMT. PRATIMA ALIAS PINKI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Family Court to decide the pending suit promptly, without granting unnecessary adjournments.
Summary
The petitioner, Krishna Pratap, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Varanasi, to decide the pending divorce suit (case no. 576 of 2021) under Section 13 of the Hindu Marriage Act. The petitioner argued that the suit was pending and required expeditious disposal. The Court noted that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the Family Court to decide the suit promptly, in accordance with Section 21-B of the Hindu Marriage Act, and to avoid unnecessary adjournments, subject to any legal impediment. The petition was thus dismissed with a specific directive to the lower court.
Issues considered
- Whether the High Court should issue a writ directing the Family Court to decide the pending matrimonial suit expeditiously under Article 227.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Writ Petition
- Family Court
- Expeditious Disposal
- Hindu Marriage Act
- Section 13
- Section 21-B
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6199 of 2026
Krishna Pratap
.....Petitioner(s)
Versus
Smt. Pratima Alias Pinki
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Katiyar, Girish Kumar Gupta
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, Varanasi to decide case no. 576 of 2021;
Krishna Pratap Vs. Smt. Pratima alias Pinki u/s 13 of the Hindu Marriage
Act, within the period to be stipulated by this Hon'ble Court, on day to day
basis.
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, Varanasi to decide case no. 576 of
2021; Krishna Pratap Vs. Smt. Pratima alias Pinki u/s 13 of the Hindu
Marriage Act, 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 5, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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