HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6514 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Rakesh Kumar Yadav, the learned counsel for the petitioner . 2. Keeping in view the nature of relief sought and order proposed to be passed, issuance of notice to the respondents is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Principal Judge, Family Court, Sultanpur to decide divorce suit under Section 13 of Hindu Marriage Act filed by the petitioner against the respondent, expeditiously. 4. A perusal of the order sheet of the Family Court indicates that the Family Court has held service of summons of the suit upon the respondent to be sufficient by means of an order dated 18.05.2023 although the summons were received back unserved. 5. After ordering the suit to proceed ex-parte, the Family Court has fixed numerous dates but has not proceeded to hear ex-parte submissions. 6. The order sheet reveals that summons were sent to the respondents only once and the same were returned unserved. 7. In these circumstances, it would have been a better course to adopt to issue fresh summons to the defendants and in case, the summons could not be served in spite of repetitive efforts, the service ought to have been endeavor to be effected through substituted modes but the same has not been done by the Family Court in the present case. 8. In these circumstances, exercising the power of superintendence of this Court, the order dated 18.05.2023 passed by the Principal Judge, Family Court in Regular Suit No.144 of 2023 titled Jitender Yadav v. Smt. Kranti Yadav holding the service of summons of suit upon the defendants to be sufficient as also the order dated 20.07.2023 ordering the suit to proceed ex-parte, are set-aside. Versus Counsel for Petitioner(s) : Rakesh Kumar Yadav Counsel for Respondent(s) : Jitendra Yadav .....Petitioner(s) Smt. Kranti Yadav .....Respondent(s) 9. The Family Court is directed to issue fresh summons to the defendant and in case of non-service of summons to attempt service through substituted mode as per the provision contained in Order 5 Rule 20 CPC and thereafter to proceed to decide the suit expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals, keeping in view the provisions contained in Section 21-B of Hindu Marriage Act. 10. Accordingly, the instant petition is disposed off. November 10, 2025 -Amit K- A227 No. 6514 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench