Allahabad High Court
SMT. SHIVANGI SONKARversusCHANDRASHEKHAR SONKAR AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Family Court to expedite the pending matrimonial suit, invoking Section 21B of the Hindu Marriage Act, 1955.
Summary
The petitioner, Smt. Shivangi Sonlan, filed a writ petition under Article 227 seeking a direction to the Upper Principal Judge of Family Court No.02, Kanpur Nagar, to expedite the pending civil suit No. 2734 of 2022 concerning divorce under sections 13, 25 and 27 of the Hindu Marriage Act, 1955. The petitioner’s counsel requested that the suit be decided expeditiously, emphasizing the need for timely justice. 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 and issued a directive to the Family Court to fast‑track the suit in accordance with Section 21B of the Hindu Marriage Act, ensuring service of notice, hearing, and opportunity to lead evidence. The order effectively mandates the Family Court to handle the matrimonial dispute promptly, provided no other legal impediment exists.
Issues considered
- Whether the High Court can direct a Family Court to expedite a pending civil suit under the Hindu Marriage Act.
- Whether Section 21B of the Hindu Marriage Act imposes a duty on the Family Court to decide matrimonial suits expeditiously.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B, 25, 27
Subjects
- Hindu Marriage Act
- Section 21B
- expedition of suit
- writ petition
- Article 227
- family court
- civil suit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6314 of 2026
Smt. Shivangi Sonkar
.....Petitioner(s)
Versus
Chandrashekhar Sonkar And Another
.....Respondent(s)
Counsel for Petitioner(s) : Alok Ranjan 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 Upper Principal Judge Family Court No.02 District- Kanpur
Nagar to expedite the proceeding of Civil Suit No. 2734 of 2022 (Smt.
Shivangi Sonkar Vs. Chandrashekhar Sonkar and Another) under section 13,
25, 27 Hindu Marriage Act, 1955, pending before it within stipulated time,
as may deem fit and proper by this Hon'ble Court.
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 Upper Principal Judge Family Court No.02 District- Kanpur Nagar to
expedite the proceeding of Civil Suit No. 2734 of 2022 (Smt. Shivangi
Sonkar Vs. Chandrashekhar Sonkar and Another) under section 13, 25, 27
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 6, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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