Created by Fuzzy Cloud

Allahabad High Court

PRADEEP SHARMAversusSMT. NEHA

Decided

Holding

The writ petition is disposed of, with a direction to the Family Court to decide the pending divorce petition expeditiously under the Hindu Marriage Act.

Summary

Petitioner Pradeep Sharma filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Gautam Buddha Nagar, to decide his pending divorce petition (No. 825 of 2024) under section 13(1)(i‑a) of the Hindu Marriage Act, 1955. The petitioner argued for an expeditious decision. The Court observed that the divorce suit was already pending and that keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition, directing the Family Court to decide the divorce case promptly, in accordance with section 21B of the Hindu Marriage Act, ensuring service of notice and opportunity of hearing to all parties, subject to no other legal impediment. The petition was thus dismissed with a directive for speedy disposal of the underlying divorce proceeding.

Issues considered

  • Whether a writ petition under Article 227 can be entertained to direct a Family Court to decide a pending divorce petition expeditiously.

Legislation cited

Subjects

  • Article 227
  • Hindu Marriage Act
  • divorce
  • Family Court
  • expeditious disposal
  • writ petition

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6261 of 2026

                                    Pradeep Sharma
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Smt. Neha
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Nanhe Lal Tripathi, Sanjay Shukla
                                    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 Gautam Buddha Nagar to
                                    decide the divorce petition no.825 of 2024 (Pradeep Sharma Vs Smt. Neha)
                                    under section 13(1)(i - a) 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 the learned Principal Judge Family Court Gautam Buddha Nagar to decide
                                    the divorce petition no.825 of 2024 (Pradeep Sharma Vs Smt. Neha) under
                                    section 13(1)(i - a) 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.