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Allahabad High Court

SAPNA SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the Principal Judge, Family Court, Mirzapur to decide the pending Section 125 Cr.P.C. case within six months, exercising its supervisory jurisdiction under Article 227.

Summary

The petitioner, Sapna Singh, filed a petition under Article 227 of the Constitution seeking a direction to the Principal Judge of the Family Court, Mirzapur, to dispose of a pending maintenance case (Case No. 128 of 2024) under Section 125 of the Criminal Procedure Code. The petitioner, represented by counsel Gunjan Dwivedi and Shri Prakash Dwivedi, argued that the proceedings were being unduly delayed and that a time‑bound order was necessary to prevent further adjournments. The High Court, after hearing the petitioner and the State’s counsel, exercised its supervisory jurisdiction to ensure the lower court’s efficient functioning. It directed the Family Court to decide the matter within six months of receiving a certified copy of the order. The order was issued on 30 September 2026, and the petition was disposed of with the said direction.

Issues considered

  • Whether the High Court can, under Article 227, direct a Family Court to decide a pending case within a fixed time‑frame.
  • Whether a petition seeking to curb unnecessary adjournments in a Section 125 Cr.P.C. proceeding is maintainable.

Legislation cited

Subjects

  • Article 227
  • supervisory jurisdiction
  • Family Court
  • Section 125 CrPC
  • maintenance
  • time bound disposal
  • adjournment

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
      MATTERS UNDER ARTICLE 227 No. - 13231 of 2026

Sapna Singh
                                                  .....Petitioner(s)
                              Versus

State of U.P. and Another
                                                 .....Respondent(s)

Counsel for Petitioner(s)       : Gunjan    Dwivedi,           Shri
                                  Prakash Dwivedi
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 order or direction to the Principal Judge, Family
Court, Mirzapur to decide the Case No.128 of 2024 (Sapna
Singh Vs. State of U.P.), under section 125 Cr.P.C., Police
Station Chunar, District Mirzapur, pending in the court of
Principal Judge, Family Court, Mirzapur as expeditiously
without granting any unnecessary adjournment or fixed the
period for disposal of the instant application as this Hon'ble
court may deem fit and proper as (Annexure No.-1) to this
Petition."

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, Mirzapur to decide the Case No.128 of 2024 (Sapna
                                                                                        A227 No. 13231 of 2026
                                                                2


                                        Singh Vs. State of U.P.) under Section 125 Cr.P.C., Police
                                        Station Chunar, District Mirzapur, within a period of six
                                        months 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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