Allahabad High Court

VIVEK DUAversusSMT PUJA DUA

Decided: 6 May 2026
Bench: VIKAS BUDHWAR

Holding

The writ petition is disposed of, and the Family Court is directed to decide the pending suit expeditiously under Section 21B of the Hindu Marriage Act.

Summary

Vivek Dua filed a writ petition seeking a mandamus directing the Additional Family Court, Court No.3, Allahabad, to decide his pending matrimonial suit (Case No.1012 of 2022) under Section 13 of the Hindu Marriage Act. The petitioner argued that the suit should be decided expeditiously. The court observed that since the suit is already pending, keeping the writ petition alive serves no useful purpose. Accordingly, the writ petition was disposed of, with a direction that the Family Court decide the suit promptly in accordance with Section 21B of the Hindu Marriage Act, after serving notice and providing a hearing to all parties. The order thus combines dismissal of the writ petition with an instruction for expeditious disposal of the underlying suit.

Issues considered

Whether the writ petition seeking a direction to the Family Court to decide the pending matrimonial suit should be entertained.
Whether the High Court can direct the Family Court to decide the suit expeditiously under Section 21B of the Hindu Marriage Act.

Legislation cited

Hindu Marriage Act, 1955 — s. 13, 21B

Subjects

Hindu Marriage Act
Section 13
Section 21B
mandamus
family court
expeditious disposal
writ petition

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6403 of 2026

                                    Vivek Dua
                                                                                                   .....Petitioner(s)
                                                                           Versus
                                    Smt Puja Dua
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          :    Afshan Shafaut, Sushil Kumar Yadav
                                    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 Additional Family of Mandamus Judge, Court No.3,
                                    Allahabad to decide the Case No.1012 OF 2022 (Vivek Dua Versus Pooja
                                    Dua) Under Section 13 of Hindu Marriage Act pending, 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 Family of Mandamus Judge, Court No.3, Allahabad to
                                    decide the Case No.1012 of 2022 (Vivek Dua Versus Pooja Dua) Under
                                    Section 13 of Hindu Marriage Act pending, 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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