Allahabad High Court
RAJAN SHARMAversusPRIYANKA SHARMA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, directing the Family Court to decide the pending case within four months, without adjudicating the merits.
Summary
The petitioner, Rajan Sharma, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Allahabad, to expedite the disposal of a pending case (No. 1925 of 2025) filed under Section 25 of the Guardian and Wards Act, 1890. The petition solely requested that the family court decide the matter within a three‑month period. The High Court, noting that no substantive merits needed to be decided, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondent. It directed the family court to hear all affected parties and render a decision within four months of the certified copy of the order. The court clarified that it had not adjudicated the underlying dispute on its merits.
Issues considered
- Whether the High Court can, under Article 227, direct a Family Court to dispose of a pending case expeditiously without hearing the respondent.
- Whether a writ petition seeking procedural direction can be disposed of at the admission stage without issuing notice to the private respondent.
Legislation cited
- Guardian and Wards Act, 1890 — s. 25
Subjects
- Guardian and Wards Act
- Section 25
- Article 227
- expeditious disposal
- Family Court
- procedural direction
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13261 of 2026
Rajan Sharma
.....Petitioner(s)
Versus
Priyanka Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Chitranshi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"i) a direction to The Principle Judge Family Court, Allahabad to decide
the Case No. 1925 of 2025 Rajan Sharma Vs Priyanka Sharma under
Section 25 of Guardian And Wards Act, 1890 pending in the Court of
Principle Judge family Court, Allahabad to decide on the basis of day to
day hearing preferable within the time bound period of three month."
2. It is contended by learned counsel for the petitioner that case filed under
Section 25 of Guardian And Wards Act, 1890 is pending consideration
before Principal Judge, Family Court, Allahabad which has been registered
as Case No. 1925 of 2025. 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 Case No. 1925 of 2025 (Rajan Sharma
vs. Priyanka Sharma), in accordance with law, after hearing all affected
parties, preferably within a period of four 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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