Allahabad High Court
SMT. NEHAversusKARAN SINGH AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Family Court to decide the pending guardianship case within four months, without adjudicating the merits of the petition.
Summary
The petitioner, Smt. Neha, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of Family Court, Meerut, to expeditiously decide a pending guardianship case (Misc. Case No. 35 of 2024) filed under Section 25 of the Guardians and Wards Act, 1980. The petition contained no other relief and no counter‑affidavit was filed. The High Court, finding no merit to be decided and deeming the petition suitable for disposal at the admission stage, dismissed the writ petition but issued a procedural direction that the Family Court must decide the pending case within four months of receiving the certified copy of the order. The Court expressly clarified that it had not adjudicated the substantive issues of the guardianship matter. Consequently, the writ petition stands disposed.
Issues considered
- Whether a High Court can, under Article 227, direct a Family Court to decide a pending case within a specified time frame without hearing the parties on the merits
- Whether the writ petition seeking expeditious disposal of a pending guardianship case is maintainable
Legislation cited
- Guardians and Wards Act, 1980 — s. 25
Subjects
- Writ petition
- Article 227
- Guardians and Wards Act
- Section 25
- Family Court
- Expeditious disposal
- Procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12437 of 2026
Smt. Neha
.....Petitioner(s)
Versus
Karan Singh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukesh Chandra Gupta, Shubham
Prakash Gupta
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"It is therefore most respectfully prayed that this Hon'ble Court may
graciously be please to direct the Additional Principal Judge Family
Court 2 Meerut to expeditiously decide the Misc. Case No. 35 of 2024
(Smt. Neha Versus Karan Singh and others) Under section 25 of
Guardian Ship and Wards Act 1980, same is still pending since
07.05.2024 before the Additional Principal Judge Fantily Court-2
Meerut, within stipulated time granted by this Hon'ble Court."
2. It is contended that a case under Section 25 of Guardians and Wards Act is
pending consideration before the Additional Principal Judge, Family Court,
Meerut. The sole prayer made in the writ petition is for expediting the said
case.
2. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction upon
Court concerned to decide the Misc. Case No.35 of 2024, under Section 25 of
Guardians and Wards Act, 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.
3. With the aforesaid direction, present writ petition stands disposed of.
A227 No. 12437 of 2026
2
4. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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