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Allahabad High Court

COLONEL ADITYA DEOversusLT COL PRIYAMVADA CHAUBEY

Decided

Holding

The High Court disposed of the writ petition, directing the Family Court to decide the pending matrimonial suit expeditiously under the Hindu Marriage Act.

Summary

Petitioner Colonel Aditya Deo filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Varanasi, to decide the pending matrimonial suit (Case No. 1629 of 2023) under section 13(1) of the Hindu Marriage Act, 1955. The petitioner argued that the suit was pending and required expeditious disposal. The Court observed 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 expeditiously in accordance with section 21B of the Hindu Marriage Act, ensuring service of notice and opportunity of hearing to all parties. No further relief was granted beyond the direction to the Family Court.

Issues considered

  • What is the appropriate judicial remedy for a petitioner seeking expeditious disposal of a pending family court suit under the Hindu Marriage Act?
  • Can the High Court, under Article 227, direct the Family Court to decide a pending matrimonial suit expeditiously?

Legislation cited

Subjects

  • Article 227
  • Hindu Marriage Act
  • section 13(1)
  • section 21B
  • family court
  • expeditious disposal
  • writ petition

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6256 of 2026

                                    Colonel Aditya Deo
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Lt Col Priyamvada Chaubey
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Aman Singh Visen, Satyendra Kumar
                                                                       Tripathi
                                    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, Varanasi to decide the Case
                                    No. 1629 of 2023 (Aditya Dev Vs. Priyambada Chaubey) under section 13
                                    (1) of Hindu Marriage Act 1955.

                                    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 thePrincipal Judge, Family Court, Varanasi to decide the Case No. 1629
                                    of 2023 (Aditya Dev Vs. Priyambada Chaubey) under section 13 (1) 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 5, 2026
                                    Rajesh
                                                                                              (Vikas Budhwar,J.)




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

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