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Allahabad High Court

AYASHA KHANversusMOHAMMAD AHMAD

Decided

Holding

The High Court directed the Family Court to decide the pending case within one year, thereby granting the petition for a mandamus.

Summary

The petitioner, Ayasha Khan, filed a petition under Article 227 of the Constitution seeking a mandamus directing the Principal Judge of the Family Court, Fatehpur, to decide a pending case (Case No. 258/2026) filed under Section 147 of the BNSS. The petitioner argued that the trial court had delayed the proceedings and that a time‑bound disposal was necessary, emphasizing that she is the wife in the matter. The High Court considered the facts and the petitioner's submission and exercised its supervisory jurisdiction. It issued an order directing the Family Court to decide the case expeditiously, preferably within one year from the receipt of a certified copy of the order. The petition was consequently disposed with the said direction.

Issues considered

  • Whether the High Court can issue a mandamus under its supervisory jurisdiction under Article 227 to direct a Family Court to decide a pending case expeditiously
  • Whether the petition for time‑bound disposal of the pending case is maintainable

Legislation cited

Subjects

  • Article 227
  • mandamus
  • Family Court
  • time‑bound disposal
  • Section 147 BNSS
  • supervisory jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13203 of 2026

                                    Ayasha Khan
                                                                                                     .....Petitioner(s)
                                                                        Versus

                                    Mohammad Ahmad
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Harish Chandra Yadav
                                    Counsel for Respondent(s)                    :

                                    Court No. - 55
                                                      HON'BLE VIKRAM D. CHAUHAN, J.
                                    1. Heard learned counsel for the petitioner.
                                    2. The present petition is filed with the following prayer:-

                                    " (i) Issue a order or direction in the nature of mandamus communing
                                    the trial court to decide the Case No. 258/2026 under section 147 BNSS
                                    (Ayasha Khan Vs Mohammad Ahamad), police station Kotwali, District
                                    Fatehpur, Pending in the court of Principal Judge, (Family Court),
                                    Fatehpur, most expeditiously as well as possible within a period fixed by this
                                    Hon'ble Court."

                                    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 Principal Judge, (Family Court), Fatehpur to decide the Case No. 258
                                    of 2026 under Section 147 BNSS (Ayasha Khan Vs. Mohammad Ahamad),
                                    Police Station Kotwali, District Fatehpur expeditiously, preferably within a
                                    period of one year from the date of production of a certified copy of this
                                    order.



                                                                                         (Vikram D. Chauhan,J.)
                                    September 30, 2026
                                    VMA




Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad


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