Allahabad High Court
SMT SWATI MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Principal Judge of the Family Court, Prayagraj, to decide the maintenance case within six months of the order's production.
Summary
The petitioner, Smt. Swati Mishra, filed a petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Prayagraj, to decide her maintenance case (No. 818 of 2024) filed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner argued that the family court proceedings were being unduly delayed and requested a time‑bound disposal without unnecessary adjournments. The High Court, after considering the facts and the petitioner's counsel, exercised its supervisory jurisdiction and ordered the family court to decide the maintenance matter within six months of receiving a certified copy of the order. No substantive merits of the maintenance claim were examined; the order solely addressed procedural expeditiousness. The petition was disposed with the said direction.
Issues considered
- Whether the High Court can, under Article 227, direct a Family Court to decide a pending maintenance case within a specified time frame
- Whether the maintenance application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be decided expeditiously without unnecessary adjournments
Legislation cited
Subjects
- maintenance
- family law
- Article 227
- supervisory jurisdiction
- time-bound disposal
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12799 of 2026
Smt Swati Mishra
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Awadh Bihari Shukla,
Gaurav Pandey, Pawan
Kumar Tiwari
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:-
"(A) Issue an appropriate order or direction directing the learned
Principal Judge, Family Court, Prayagraj to decide the Maintenance
Case No. 818 of 2024 (Smt. Swati Mishra Vs. Manoj Kumar), arising out
of the maintenance application filed by the petitioner under Section 144
of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending before the
learned Family Court, Prayagraj, expeditiously in accordance with law,
within such stipulated period as may be fixed by this Hon'ble Court,
without granting unnecessary adjournments to either of the parties."
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 Principal Judge, Family Court,
Prayagraj to decide the Maintenance Case No. 818 of 2024 (Smt.
Swati Mishra Vs. Manoj Kumar), under Section 144 of the
A227 No. 12799 of 2026
2
Bharatiya Nagarik Suraksha Sanhita, 2023, within a period of six
months from the date of production of a certified copy of this
order.
September 23, 2026
D. Tamang
(Vikram D. Chauhan,J.)
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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