Allahabad High Court
SMT. SHARDA VERMAversusSTATE OF U.P. AND 9 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Additional Chief Judicial Magistrate (S.D.), Kanpur Nagar to decide the matrimonial case within six months, exercising its supervisory jurisdiction under Article 227.
Summary
The petitioner, Smt. Sharda Verma, filed a petition under Article 227 of the Constitution seeking the High Court's intervention to expedite the hearing of her matrimonial case (No. 2301/2024) pending before the Additional Chief Judicial Magistrate (S.D.), Kanpur Nagar, which involves claims under Sections 12, 18, 19, 20 and 22 of the Domestic Violence Act, 2005. The petitioner argued that undue delay would cause irreparable loss and that she is the wife in the matter. The High Court, after considering the facts and the counsel's submissions, exercised its supervisory jurisdiction and directed the lower court to decide the case within six months of receiving a certified copy of the order. No substantive merits of the matrimonial dispute were addressed; the order merely imposed a time‑bound deadline. The petition was consequently disposed of with the direction to the lower court.
Issues considered
- Whether the High Court can, under Article 227, direct a lower court to expedite a pending matrimonial case filed under the Domestic Violence Act, 2005.
- Whether the delay in adjudicating the matrimonial case amounts to irreparable loss warranting supervisory intervention.
Legislation cited
- Domestic Violence Act, 2005 — s. 12, 18, 19, 20, 22
Subjects
- Article 227
- Domestic Violence Act
- maternity case
- supervisory jurisdiction
- expeditious trial
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12387 of 2026
Smt. Sharda Verma
.....Petitioner(s)
Versus
State Of U.P. And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deep Agnihotri
Counsel for Respondent(s) : G.A.
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) Direct the court below to hear and decide the Matrimonial Case No.
2301/2024, (Smt. Sharda Verma Vs. Om Pratap Verma), U/S 12, 18, 19,
20 & 22 of Domestic Violence Act. 2005, pending in the Court of
Additional Chief Judicial Magistrate/(S.D.), Kanpur Nagar as
expeditiously as possible or some time may be fixed by this this Hon'ble
Court, Otherwise the petitioner/plaintiff shall suffer irreparable loss and
injury.
ii) Direct the court below to hear and decide the Matrimonial Case which
is filed by the petitioner/plaintiff then precede the matter in accordance
with law, 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
the wife before the court concerned.
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 Additional Chief Judicial Magistrate/(S.D.), Kanpur
Nagar to decide the Matrimonial Case No. 2301 of 2024 (Smt. Sharda
Verma Vs. Om Pratap Verma), under Sections 12, 18, 19, 20 & 22 of
A227 No. 12387 of 2026
2
Domestic Violence Act. 2005, 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
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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