Allahabad High Court
MAYANK KUMAR FULWANIversusSMT KAJAL GEHANI @ YAKSHITA FULWANI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Family Court to decide the pending suit expeditiously, complying with Section 21B of the Hindu Marriage Act, 1955.
Summary
The petitioner, Mayank Kumar Fulwani, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Kanpur Nagar, to decide his pending divorce suit (case no. 1077 of 2025) filed under Section 13 of the Hindu Marriage Act, 1955, expeditiously. The petitioner argued that the suit was pending and that a writ directing its speedy disposal was necessary. The Court noted that the suit was already pending and that issuing a writ would not serve any useful purpose unless it mandated expeditious disposal. Accordingly, the Court disposed of the writ petition, directing the Family Court to decide the suit in accordance with law, ensuring service of notice to all respondents, opportunity of hearing, and compliance with Section 21B of the Hindu Marriage Act. The direction was conditional on the absence of any other legal impediment.
Issues considered
- What relief, if any, can be granted by a High Court under Article 227 to expedite a pending family court suit under the Hindu Marriage Act?
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Article 227
- Writ Petition
- Family Court
- Hindu Marriage Act
- Expeditious Disposal
- Section 13
- Section 21B
- Service of Notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6278 of 2026
Mayank Kumar Fulwani
.....Petitioner(s)
Versus
Smt Kajal Gehani @ Yakshita Fulwani
.....Respondent(s)
Counsel for Petitioner(s) : Dheeraj Kumar Dwivedi
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, Kanpur Nagar to decide the
case no.1077 of 2025 (Mayank Kumar Fulwani Vs. Smt. Kajal Dehani @
Yakshita Fulwani) u/s 13 Hindu Marriage Act, expeditiously.
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, Kanpur Nagar to decide the case
no.1077 of 2025 (Mayank Kumar Fulwani Vs. Smt. Kajal Dehani @
Yakshita Fulwani) u/s 13 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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