Allahabad High Court
VINDHYAWASINversusSMT. PRATIMA PANDEY
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of, with a direction to the Family Court to decide the matrimonial case expeditiously in accordance with Section 21-B of the Hindu Marriage Act, 1955.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of Family Court No.2, Allahabad, to decide the pending matrimonial suit (No.1143 of 2024) under Section 13 of the Hindu Marriage Act, 1955 on an expedited basis. The petition specifically requested that the family court adhere to the timeline mandated by Section 21-B of the same Act and avoid unnecessary adjournments. The High Court observed that the matrimonial case was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the court disposed of the writ petition while issuing a directive to the family court to decide the matrimonial case expeditiously, subject only to any legal impediment. The order emphasizes strict compliance with Section 21-B to prevent undue delays.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a Family Court to decide a pending matrimonial suit expeditiously under Section 13 of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21-B
Subjects
- Article 227
- Hindu Marriage Act
- Section 13
- Section 21-B
- Family Court
- expeditious disposal
- maternity case
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6362 of 2026
Vindhyawasin
.....Petitioner(s)
Versus
Smt. Pratima Pandey
.....Respondent(s)
Counsel for Petitioner(s) : Adesh Srivastava, Kuldeep Kumar
Srivastava, Kunwar Kuldeep Singh
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 is for a direction to
the Additional Principal Judge, Family Court No.2, Allahabad to consider
and decide the Matrimonial Case No.1143 of 2024 (Vindhyavasani vs. Smt.
Pratima Pandey) under Section 13 of the Hindu Marriage Act, 1955
expeditiously, within the time which may kindly be stipulated 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 No.2, Allahabad to consider
and decide the Matrimonial Case No.1143 of 2024 (Vindhyavasani vs. Smt.
Pratima Pandey) under Section 13 of the Hindu Marriage Act, 1955,
expeditiously, strictly as per the mandate contained in Section 21-B of the
Hindu Marriage Act, 1955, without granting any unnecessary adjournments,
subject to legal impediment.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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