Allahabad High Court
AMEER BEGversusSMT. NAAZ PARVEEN
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court exercised its supervisory jurisdiction under Article 227 to direct the Family Court to decide the pending matrimonial petition within six months, without deciding the merits of the case.
Summary
The petitioner, Ameer Beg, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Bareilly, to expedite the hearing and disposal of his matrimonial petition (No. 655 of 2024) filed under Section 2 of the Dissolution of Muslim Marriages Act, 1939. The petitioner alleged a matrimonial dispute arising from a marriage solemnised on 25 July 2021 under Muslim rites. The High Court, noting that the writ petition served only to obtain an expeditious order and not to adjudicate the merits, disposed of the petition at the admission stage. It directed the family court to decide the matrimonial petition within six months of receiving a certified copy of the order, after hearing all affected parties. The court expressly stated that it had not decided the substantive issues of the matrimonial case.
Issues considered
- What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a Family Court to expedite a pending matrimonial petition?
- Whether a writ petition seeking only an expeditious disposal, without adjudicating merits, is maintainable.
Legislation cited
Subjects
- Article 227
- writ petition
- Family Court
- matrimonial dispute
- Dissolution of Muslim Marriages Act
- expeditious disposal
- supervisory jurisdiction
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13220 of 2026
Ameer Beg
.....Petitioner(s)
Versus
Smt. Naaz Parveen
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Abid Ali
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"A. Issue an appropriate order or direction directing the learned
Principal Judge, family court, Bareilly to proceed with and decide
Matrimonial Petition No. 655 of 2024 under the declaration suit,
expeditiously preferably within such time as may be fixed by his Hon'ble
court."
2. It is contended by learned counsel for the petitioner that petitioner was married to
opposite party according to Muslim rites and customs on 25.07.2021. Matrimonial
dispute has arisen between the parties which led to filing Matrimonial Petition No.
655 of 2024 under Section 2 of the Dissolution of Muslim Marriages Act, 1939 by
petitioner which is pending consideration before Principal Judge, Family Court,
Bareilly. The sole prayer made in the writ petition is for expeditious disposal of the
same.
3. 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 Matrimonial Petition No. 655 of 2024, in accordance with
law, after hearing all affected parties, preferably within a period of six months from
the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
September 23, 2026//(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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