Allahabad High Court
RAM KEWAL TRIPATHIversusNEELIMA PANDEY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Family Court to decide the pending applications under Sections 379 and 94 of the B.N.S.S. 2023 within three months, without adjudicating the merits of the petition.
Summary
The petitioner, Ram Kewal Tripathi, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Allahabad, to decide pending applications filed under Sections 379 and 94 of the B.N.S.S. 2023 before hearing an application under Section 24 of the Hindu Marriage Act, 1955. The petition argued that the pending applications needed expeditious disposal and that no further procedural steps such as counter‑affidavits or notices were necessary. The High Court examined whether it could issue a mandatory direction to the trial court to decide those applications within a specified time frame. It held that the Court could issue such a direction without adjudicating the merits of the underlying dispute. Accordingly, the Court directed the Family Court to decide the applications dated 18‑12‑2025 and 27‑02‑2026 within three months of the order and disposed of the writ petition.
Issues considered
- Whether the High Court under Article 227 can direct a Family Court to decide pending applications under Sections 379 and 94 of the B.N.S.S. 2023 before hearing an application under Section 24 of the Hindu Marriage Act, 1955.
Legislation cited
- B.N.S.S., 2023 — s. 379, 94
- Hindu Marriage Act, 1955 — s. 24
Subjects
- Article 227
- Writ Petition
- Family Court
- Direction
- Pending Applications
- B.N.S.S. 2023
- Hindu Marriage Act
- Expeditious Disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12350 of 2026
Ram Kewal Tripathi
.....Petitioner(s)
Versus
Neelima Pandey
.....Respondent(s)
Counsel for Petitioner(s) : Amrendra Kumar Mishra, Manish
Kumar Kesarwani
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer;
"Issue an order or direction to direct the Trial Court to decide the
application u/s 379 and u/s 94 BNSS filed 18.12.2025 & 27.02.2026
before deciding the application u/s 24 of Hindu Marriage Act, 1955 in
Case No. 53 of 2025, pending before the Court of Additional Principal
Judge, Family Court, Room No. 4, Allahabad."
2. It is contended that in the suit filed by plaintiff an application has been
moved under Sections 379 and 94 of B.N.S.S. 2023. The said applications
are pending consideration. The sole prayer made in writ petition is for
expeditious disposal of the said applications.
3. No useful purpose would be served in keeping the matter pending or
calling for counter affidavit, or issuing notice to private respondent, writ
is being disposed of, at the admission stage, with a direction upon the
Additional Principal Judge, Family Court, Room No. 4, Prayagraj to
decide the applications dated 18.12.2025 and 27.2.2026 filed under
Sections 379 and 94 of B.N.S.S. 2023, in accordance with law, after
hearing all affected parties, preferably within a period of three months
from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of. It is
A227 No. 12350 of 2026
2
made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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