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Allahabad High Court

PRADEEP KUMAR VISHWAKARMAversusMEENU VISHWAKARMA

Decided

Holding

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

Summary

Petitioner Pradeep Kumar Vishwakarma filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Ghazipur, to decide the pending matrimonial suit (Case No. 187 of 2023) under Section 13 of the Hindu Marriage Act, 1955. The petitioner argued that the suit should be decided expeditiously. The Court observed that since the matrimonial case was already pending, maintaining the writ petition served no useful purpose. Consequently, the Court disposed of the writ petition and directed the Family Court to decide the matrimonial case promptly, in accordance with Section 21B of the Hindu Marriage Act, ensuring service of notice and opportunity of hearing to all parties. The order was dated May 7, 2026.

Issues considered

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

Legislation cited

Subjects

  • Article 227
  • writ petition
  • Hindu Marriage Act
  • Section 13
  • Section 21B
  • Family Court
  • matrimonial case
  • expeditious disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6391 of 2026

                                    Pradeep Kumar Vishwakarma
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    Meenu Vishwakarma
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Nagendra Kumar 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 for a writ, order or
                                    direction to the learned Principal Judge, Family Court, Ghazipur to decide
                                    the Matrimonial Case No. 187 of 2023 (Pradeep Kumar Vishwakarma
                                    versus Meenu Vishwakarma), under Section 13 of 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 learned Principal Judge, Family Court, Ghazipur to decide the
                                    Matrimonial Case No. 187 of 2023 (Pradeep Kumar Vishwakarma versus
                                    Meenu Vishwakarma), under Section 13 of 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 7, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)



Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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