Allahabad High Court
POOJAversusSOORAJ PRAKASH GUPTA AND 8 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the subordinate civil judge to decide the matrimonial case within six months, thereby granting the mandamus.
Summary
The petitioner, Pooja, filed a petition under Article 227 of the Constitution seeking a direction in the nature of mandamus to the Civil Judge Junior Division, FTC (14th Financial Commission), Sonebhadra, to decide Matrimonial Case No. 259 of 2024 filed under Section 23 of the Protection of Women from Domestic Violence Act, 2005. The petitioner alleged undue delay in the proceedings and prayed for a time‑bound disposal. The Court examined its supervisory jurisdiction and the necessity to prevent prejudice to the aggrieved wife in domestic‑violence matters. It held that the lower court could be directed to render its decision within a fixed period. Accordingly, the petition was disposed with an order directing the civil judge to decide the case within six months of receiving a certified copy of the order. The judgment was delivered by Justice Vikram D. Chauhan.
Issues considered
- Whether the High Court can issue a mandamus directing a subordinate civil judge to decide a pending matrimonial case under the Protection of Women from Domestic Violence Act, 2005 within a specified time
- Whether the delay in adjudicating the matrimonial case infringes the rights of the aggrieved wife under the Act
Legislation cited
Subjects
- Article 227
- Mandamus
- Protection of Women from Domestic Violence Act
- Section 23
- Matrimonial case
- Time bound disposal
- Supervisory jurisdiction
- Domestic violence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12258 of 2026
Pooja
.....Petitioner(s)
Versus
Sooraj Prakash Gupta And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Chandra
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:-
"(A) Issue the direction in the nature of mandamus and directing the
Learned Civil Judge Junior Division FTC (14th Financial Commission),
Sonebhadra to decide the Matrimonial Case No. 259 of 2024 (Pooja Vs.
Suraj Prakash Gupta & others) Under Section 23 of The Protection Of
Women Form Domestic Violence Act 2005 filed by petitioner on
29.03.2024 which is pending before Learned Civil Judge Junior Division
FTC (14th Financial Commission), Sonebhadra which is pending before
the Learned Civil Judge (14th Financial Commission), Sonebhadra, a
within stipulated period of time as fixed by this Hon'ble Court."
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 Civil Judge, Junior
Division/FTC (14th Financial Commission), Sonebhadra to
decide the Matrimonial Case No. 259 of 2024 (Pooja Vs. Suraj
A227 No. 12258 of 2026
2
Prakash Gupta & others) under Section 23 of The Protection Of
Women From Domestic Violence Act, 2005 within a period of
six months from the date of production of a certified copy of this
order.
September 9, 2026
D. Tamang
(Vikram D. Chauhan,J.)
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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