Allahabad High Court
FAIZ AHMAD KHANversusSMT. NUZHAT JAMEEL AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court, exercising its supervisory jurisdiction under Article 227, modified the family court's cost order from Rs 50,000 to Rs 20,000, deeming the original amount excessive in the circumstances.
Summary
Petitioner Faiz Ahmad Khan challenged a cost order of Rs 50,000 imposed by the Additional Principal Judge of the Family Court in a criminal matter, arguing that the amount was excessive and that he could not pay it. He sought modification of the order under the supervisory powers of Article 227 of the Constitution and also raised the issue of condonation of delay under Section 5 of the Limitation Act. The High Court examined the facts, noted the petitioner’s inability to pay the stipulated cost, and exercised its supervisory jurisdiction to reduce the cost to Rs 20,000, directing payment within fifteen days. The Court further provided that failure to deposit the reduced amount would result in the original order being recalled and executed as per law. The petition was consequently disposed of with the modified cost order.
Issues considered
- Whether the cost of Rs 50,000 imposed by the Family Court is excessive and should be modified under Article 227.
- Whether the petitioner's application for condonation of delay under Section 5 of the Limitation Act is valid.
- Whether the High Court can alter the cost order and impose a reduced amount.
Legislation cited
- B.N.S.S. — s. 145(2)
- Constitution of India — s. Article 227
- Limitation Act, 1963 — s. 5
Subjects
- cost order
- Article 227
- Limitation Act
- condonation of delay
- Family Court
- supervisory jurisdiction
- modification of order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12645 of 2026
Faiz Ahmad Khan
.....Petitioner(s)
Versus
Smt. Nuzhat Jameel And Another
.....Respondent(s)
Counsel for Petitioner(s) : Mahtab Alam
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 petition is filed with the following prayer:-
"i) To allow this petition, call for records and modify the order dated
18.06.2026 passed by the Additional Principal Judge Family Court in
Misc. Criminal Case No. 700 of 2025, Faiz Ahmad Khan Versus Nuzhat
Jameel the cost Rs. 50,000.00 exempting the petitioner from the cost
exercising the superintendent power under Article 227 of the Constitution
of India.
ii) To set aside the order dated 18.06.2026 passed by the Additional
Principal Judge Family Court Budaun in Misc. Criminal Case No. 700 of
2025, Faiz Ahmad Khan Versus Nuzhat Jameel to extend imposing the
cost of Rs. 50,000/-(Fifty Thousand only) against the petitioner while
allowing the application for condonation of delay as well as the
Application filed under section 145(2) of B.N.S.S."
3. Learned counsel for the petitioner submits that the application under
Section 5 of the Limitation Act was allowed by the trial court condoning
the delay with the cost of Rs. 50,000/-. Learned counsel for the petitioner
further submits that cost is exorbitant and petitioner is not in a position to
pay the same.
4. Considering the facts and circumstances of the case, in the interest of
A227 No. 12645 of 2026
2
justice, the order dated 18.6.2026 passed by Additional Principal Judge
Family Court in Misc. Criminal Case No. 700 of 2025 (Faiz Ahmad Khan
Vs. Nuzhat Jameel) is modified to the extent that instead of Rs. 50,000/-,
Rs. 20,000/- cost would be payable by the petitioner and the same would
be deposited within fifteen days.
5. In the event, the aforesaid amount is not deposited, this order shall
automatically stands recalled and the aforesaid order dated 18.6.2026
shall be executed in accordance with law.
6. With the aforesaid observation/direction, the petition is disposed of.
(Vikram D. Chauhan,J.)
September 14, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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