Allahabad High Court
SANDEEP KUMAR SINGHversusSMT. SAKSHI NIGAM
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is dismissed and the Family Court is directed to decide the pending matrimonial case expeditiously under Section 13, in compliance with Section 21B of the Hindu Marriage Act.
Summary
Petitioner Sandeep Kumar Singh filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Jaunpur, to decide his matrimonial case (No. 901 of 2025) under Section 13 of the Hindu Marriage Act, 1955. The petitioner urged that the case be decided expeditiously. The Court observed that since the matrimonial case was already pending, keeping the writ petition alive served no useful purpose. Consequently, the writ petition was disposed of, with a directive that the Family Court decide the case promptly in accordance with Section 13 and the expeditious disposal mandate of Section 21B of the Hindu Marriage Act, ensuring proper notice and hearing. No other legal impediment was identified.
Issues considered
- Whether the writ petition seeking a direction to the Family Court to decide the matrimonial case under Section 13 of the Hindu Marriage Act should be entertained.
- Whether the High Court can direct the Family Court to decide the pending matrimonial case expeditiously under Section 21B of the Hindu Marriage Act.
Legislation cited
- Hindu Marriage Act, 1955 — s. 13, 21B
Subjects
- Article 227
- Writ Petition
- Hindu Marriage Act
- Section 13
- Section 21B
- Matrimonial Dispute
- Family Court
- Expeditious Disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6869 of 2026
Sandeep Kumar Singh
.....Petitioner(s)
Versus
Smt. Sakshi Nigam
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Kumar, Raj Kumar Tripathi
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 Jaunpur to decide the
Matrimonial Case no. 901 of 2025 (Sandeep Kumar Singh versus Smt.
Sakshi Nigam) 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 Jaunpur to decide the
Matrimonial Case no. 901 of 2025 (Sandeep Kumar Singh versus Smt.
Sakshi Nigam) 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 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
Checking your session…