Allahabad High Court
LALTI DEVI AND ANOTHERversusBABU LAL
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Principal Family Court to decide the Section 125 case within six months, exercising its supervisory jurisdiction under Article 227.
Summary
The petitioners, Lalti Devi and another, filed a writ petition under Article 227 of the Constitution seeking a direction to the Principal Family Court, Ghazipur, to dispose of a pending Section 125 Cr.P.C. maintenance case (Misc. Case No. 193 of 2020) within a fixed time. The petitioner, represented by counsel Shivam Kumar, argued that the delay in the family court was prejudicial and that a time‑bound order was necessary in the interest of justice. The High Court examined whether it could exercise its supervisory jurisdiction to impose a deadline on the lower court. Relying on its powers under Article 227, the Court held that it could direct the family court to decide the matter within a reasonable period. Consequently, the Court ordered the Principal Family Court to render its decision within six months of receiving a certified copy of the order. The petition was disposed of with the said direction.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a Principal Family Court to decide a pending Section 125 Cr.P.C. case within a stipulated time period
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
- Constitution of India — s. Article 227
Subjects
- Article 227
- Section 125 CrPC
- Family Court
- Maintenance
- Time‑bound disposal
- Supervisory jurisdiction
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12252 of 2026
Lalti Devi And Another
.....Petitioner(s)
Versus
Babu Lal
.....Respondent(s)
Counsel for Petitioner(s) : Shivam Kumar
Counsel for Respondent(s) :
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The present petition is filed with the following prayer:-
"i) issue an order or direction, directing and commanding the Principal Family Court,
Ghazipur to decide the Misc. Case No. 193 of 2020 (Lalti Devi and another vs. Babu
Lal), under section-125 Cr.P.C., Police Station-Birno, District- Ghazipur within a
stipulated period as fixed by this Hon'ble Court preferably within a month in the
interest of justice."
3. Learned counsel for the petitioner submits that the proceedings before the
court concerned be directed to be concluded in a time bound manner. It is
submitted by learned counsel for the petitioner that the petitioner is wife.
4. Considering the facts and circumstances of the case and the submission of
learned counsel for the petitioner, the petition is disposed of with a direction
to the Principal Family Court, Ghazipur to decide the Misc. Case No. 193 of
2020 (Lalti Devi and another Vs. Babu Lal), under Section125 Cr.P.C.,
Police Station-Birno, District- Ghazipur within a period of six months from
the date of production of a certified copy of this order.
(Vikram D. Chauhan,J.)
September 9, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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