Allahabad High Court
BRAHAM PRAKASHversusSEEMA RANI SAXENA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Family Court to decide the pending HMA case expeditiously, ensuring service of notice and opportunity of hearing.
Summary
Petitioner Braham Prakash filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Auraiya, to decide the pending Hindu Marriage Act case (HMA No. 570 of 2024) against respondent Seema Rani Saxena. The petitioner argued that the family court had unduly delayed the matter and requested expeditious disposal. The High Court noted that the suit was still pending and that issuing further notices to the respondents was unnecessary. It held that the writ petition served no useful purpose while the underlying case remained unresolved. Consequently, the court disposed of the writ petition, directing the family court to decide the pending case promptly, ensure service of notice to all respondents, and provide a reasonable opportunity to present evidence, subject to no other legal impediment.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a family court to expedite a pending Hindu Marriage Act case
- Whether the High Court can order the family court to decide the case expeditiously and ensure service of notice to respondents
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- Article 227
- Writ Petition
- Family Court
- Hindu Marriage Act
- Expeditious Disposal
- Service of Notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6246 of 2026
Braham Prakash
.....Petitioner(s)
Versus
Seema Rani Saxena
.....Respondent(s)
Counsel for Petitioner(s) : Adarsh Shukla, Ragini Gupta, Siddharth
Srivastava
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 Principal Judge, Family Court, Auraiya to decide HMA Case
No. 570 of 2024 (Braham Prakash Vs. Seema Rani Saxena), pending before
it.
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, Auraiya to decide HMA Case No. 570
of 2024 (Braham Prakash Vs. Seema Rani Saxena), pending before it, 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 5, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
Checking your session…