Allahabad High Court
ABHAY SONKARversusSMT SHWETA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Additional Principal Judge, Family Court, Kanpur to decide the pending marriage suit expeditiously under Section 13 of the Hindu Marriage Act, in accordance with Section 21B.
Summary
Petitioner Abhay Sonkar filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Kanpur, to decide the pending matrimonial suit (Case No.1361 of 2022) under Section 13 of the Hindu Marriage Act. The petitioner argued that the suit should be decided expeditiously. The Court observed that the suit was already pending and keeping the writ petition alive served no useful purpose. Accordingly, the Court disposed of the writ petition and issued a direction that the Family Court decide the suit promptly, in compliance with Section 21B of the Hindu Marriage Act, after serving notice to all respondents and providing them an opportunity to be heard. The order was dated 6 May 2026.
Issues considered
- Whether the High Court can direct the Family Court to decide a pending matrimonial suit under Section 13 of the Hindu Marriage Act expeditiously under its supervisory jurisdiction under Article 227.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Article 227
- Writ Petition
- Hindu Marriage Act
- Section 13
- Section 21B
- Family Court
- Expeditious trial
- Supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6326 of 2026
Abhay Sonkar
.....Petitioner(s)
Versus
Smt Shweta
.....Respondent(s)
Counsel for Petitioner(s) : Vikash Chandra Tiwari
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 respondent no.1, Additional Principal Judge, Family Court,
Court No.4, Kanpur Nagar to decide the trial of Case No.1361 of 2022
(Abhay Sonker Vs. Smt. Shweta) Under Section 13 of Hindu Marriage Act,
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 Additional Principal Judge, Family Court, Court No.4, Kanpur Nagar
to decide the trial of Case No.1361 of 2022 (Abhay Sonker Vs. Smt. Shweta)
Under Section 13 of 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
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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