Allahabad High Court
JAI PRAKASHversusSMT. SUMAN
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that it could not interfere with the pending family court proceedings and dismissed the writ petition without adjudicating the merits.
Summary
The petitioner, Jai Prakash, filed a writ petition under Article 227 seeking a mandamus directing the Family Court to allow him to pay alimony of Rs.2,50,000 in easy installments to his wife, Smt. Suman, in a pending divorce case (Petition No. 581 of 2025). He argued that under Section 13B of the Hindu Marriage Act a mutual divorce had been filed, but he was unable to make the payment due to illness and work abroad. The High Court examined the petition and held that it could not interfere with the proceedings pending before the Principal Judge of the Family Court. It directed that any application for installment payment be filed before the Family Court, which must decide it within one month of filing. Consequently, the writ petition was disposed of without any merits being adjudicated.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, issue a mandamus directing the Family Court to allow installment payment of alimony in a pending divorce proceeding.
- Whether the writ petition is maintainable given the existence of a pending family court case.
Legislation cited
- Constitution of India — s. Article 227
- Hindu Marriage Act — s. 13B
Subjects
- alimony
- mandamus
- Family Court
- Article 227
- Hindu Marriage Act
- installment payment
- writ petition
- supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12201 of 2026
Jai Prakash
.....Petitioner(s)
Versus
Smt. Suman
.....Respondent(s)
Counsel for Petitioner(s) : Pawan Kumar Gupta, Tahir Ali
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"(I) Issue a writ, order or direction in the nature of mandamus directing
the court concern to allow the petitioner to make payment of Rs.
2,50,000/-(Two Lakhs and Fifty Thousand) in easy installments to his wife
respondent as alimony in the Divorce Petition No. 581 of 2025 (Smt.
Suman Versus Jai Prakash), pending in the court of learned Principal
Judge Family Court, Kaushambi."
2. It is contended by learned counsel for the petitioner that a petition under
Section 13B of Hindu Marriage Act on the basis of mutual divorce has been
filed before the court of Principal Judge, Family Court, Kaushambi.
According to petitioner, some payment was to be made by petitioner but due
to the fact that he was working outside and fell ill, he could not deposit the
said amount. The prayer made in the writ petition is for directing the
petitioner to make payment in easy installments.
3. This Court, after hearing hearing learned counsel for petitioner and
perusing the material on record, finds that no interference can be made by
this Court, at this stage. As the matter is pending before Principal Judge,
Family Court, Kaushambi, in case, any application is moved before court
concerned with the prayer made in the present writ petition, the same shall
be dealt with by the court concerned, within a period of one month from the
date of filing of the application.
A227 No. 12201 of 2026
2
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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