Allahabad High Court
DINESH KUMARversusSMT. REKHA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Family Court to decide the pending case expeditiously in accordance with Section 21B of the Hindu Marriage Act, 1955.
Summary
Petitioner Dinesh Kumar filed a writ petition under Article 227 seeking a direction for the Family Court in Saharanpur to decide his pending case (No. 23/2019) against Smt. Rekha expeditiously. The petitioner argued that the delay in the family court case warranted higher court intervention. The High Court noted that the petition sought only a solitary relief to expedite the pending suit and that keeping the writ petition pending served no useful purpose. Consequently, the Court disposed of the writ petition, directing the Family Court to decide the case promptly in accordance with law, specifically under Section 21B of the Hindu Marriage Act, 1955, after serving notice and providing a hearing. The order effectively dismissed the writ petition while mandating expeditious disposal of the underlying family suit.
Issues considered
- Whether the High Court can, under Article 227, direct a Family Court to expedite the disposal of a pending matrimonial suit under Section 21B of the Hindu Marriage Act, 1955.
Legislation cited
- Hindu Marriage Act, 1955 — s. 21B
Subjects
- Article 227
- Writ Petition
- Family Court
- Expeditious Disposal
- Hindu Marriage Act
- Section 21B
- Notice
- Hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6842 of 2026
Dinesh Kumar
.....Petitioner(s)
Versus
Smt. Rekha
.....Respondent(s)
Counsel for Petitioner(s) : Aushim Luthra, Harishchandra Yadav,
Utkarshni 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 decide the Case No. 23/2019 (Dinesh Kumar Vs. Smt. Rekha)
pending in the court of the learned Additional Principal Judge Family Court,
Saharanpur expeditiously, 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 decide the Case No. 23/2019 (Dinesh Kumar Vs. Smt. Rekha)
pending in the court of the learned Additional Principal Judge Family Court,
Saharanpur, 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 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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