Allahabad High Court
AKHAND PRATAP SINGHversusAAYUSHI SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Family Court to decide the pending matrimonial suit expeditiously under Section 21B of the Hindu Marriage Act.
Summary
The petitioner, Akhand Pratap Singh, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Jaunpur, to decide the pending divorce suit (Case No. 1101 of 2024) filed by the respondent, Aayushi Singh, under Section 13-B of the Hindu Marriage Act. The petitioner argued that the suit was pending and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the underlying suit remained unresolved. Consequently, the Court disposed of the writ petition, directing the Family Court to decide the suit promptly, without unnecessary adjournments, in accordance with Section 21B of the Hindu Marriage Act. The direction is subject to any legal impediment.
Issues considered
- Whether the High Court can, under Article 227, direct the Family Court to expedite the disposal of a pending matrimonial suit under Section 13-B of the Hindu Marriage Act.
Legislation cited
- Hindu Marriage Act — s. 13, 13-B, 21B
Subjects
- Article 227
- Writ Petition
- Family Court
- Expeditious Disposal
- Hindu Marriage Act
- Section 13-B
- Section 21B
- Matrimonial Suit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6853 of 2026
Akhand Pratap Singh
.....Petitioner(s)
Versus
Aayushi Singh
.....Respondent(s)
Counsel for Petitioner(s) : Jai Prakash Rai, Rajesh Tewari
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, Jaunpur to decide the Case
No. 1101 of 2024 (Ayushi Singh Vs. Akhand Pratap Singh) U/s 13-B of
Hindu Marriage Act, was filed before the Principal Judge, Family Court,
Jaunpur under section 13 of Hindu Marriage Act.
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, Jaunpur to decide the Case
No. 1101 of 2024 (Ayushi Singh Vs. Akhand Pratap Singh) U/s 13-B of
Hindu Marriage Act, expeditiously, as per the mandate contained in Section
21B of the Hindu Marriage Act, without granting any unnecessary
adjournments, subject to legal impediment.
May 18, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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