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Allahabad High Court

AKHAND PRATAP SINGHversusAAYUSHI SINGH

Decided

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

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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