Allahabad High Court
KULDEEP GUPTAversusSMT. PRIYANKA GUPTA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Family Court to decide the pending guardianship petition within four months, without adjudicating the merits of the case.
Summary
The petitioner, Kuldeep Gupta, filed a writ petition under Article 227 seeking a direction to the Additional Judge of the Family Court, Firozabad, to expedite the disposal of a pending civil miscellaneous petition concerning guardianship under Section 7 and Section 25 of the Guardians and Wards Act, 1890 and Section 6 of the Hindu Minority and Guardianship Act, 1956. The High Court found no need for further pleadings, counter‑affidavits, or notice to the respondent at this stage. Consequently, the Court disposed of the writ petition at the admission stage, directing the Family Court to decide the pending case within four months of receiving a certified copy of the order, after hearing all affected parties. The Court expressly clarified that it did not adjudicate the merits of the underlying guardianship dispute. The order thus serves as a procedural direction to ensure timely resolution of the pending family court matter.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a direction for expeditious disposal of a pending family court case without hearing the parties on merits.
- Whether procedural steps such as filing counter‑affidavits or issuing notice to the respondent are necessary before granting such a direction.
Legislation cited
- Guardians and Wards Act, 1890 — s. 25, 7
- Hindu Minority and Guardianship Act, 1956 — s. 6
Subjects
- Article 227
- writ petition
- guardianship
- expeditious disposal
- Family Court
- procedural direction
- supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12248 of 2026
Kuldeep Gupta
.....Petitioner(s)
Versus
Smt. Priyanka Gupta
.....Respondent(s)
Counsel for Petitioner(s) : Atul Kumar Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"(1) to direct Additional Judge, Family Court, Firozabad to expedite and
conclude the Civil Misc. Petition No.149 of 2025 (Kuldeep Gupta Vs. Smt.
Priyanka Gupta) Under Section 7, 25 Guardian and Wards Act 1890 and
Section 06 Hindu Minority and Guardianship Act, 1956 expeditiously
within stipulated time fixed by this Hon'ble Court, which is pending in the
court of Additional Judge Family Court, Firozabad."
2. It is contended that a case under Section 7 read with Section 25 of
Guardians and Wards Act, 1890 and Section 6 of Hindu Minority and
Guardianship Act, 1956 is pending consideration before the Additional
Principal Judge, Family Court, Firozabad. The sole prayer made in the
writ petition is for expeditious disposal of the said case.
3. As no useful purpose would be served in keeping the matter pending or
calling for counter affidavit, or issuing notice to the sole respondent, at this
stage, the writ petition is being disposed of, at the admission stage, with a
direction upon Additional Principal Judge, Family Court, Firozabad to
decide the Civil Misc. Petition No.149 of 2025, under Section 7 read with
Section 25 of Guardians and Wards Act, 1890 and Section 6 of Hindu
Minority and Guardianship Act, 1956, in accordance with law, after
hearing all affected parties, preferably within a period of four months from
the date of production of certified copy of this order.
4. With the aforesaid direction, present writ petition stands disposed of.
A227 No. 12248 of 2026
2
5. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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