Allahabad High Court
SHAH ALAMversusNIGHAT AARA B.
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court dismissed the writ petition but directed the Family Court to decide the pending matrimonial case within six months, without adjudicating the merits.
Summary
Petitioner Shah Alam, married under Muslim rites, filed a restitution of conjugal rights case (Matrimonial Case/Hakook‑E‑Jaujiyat No. 434 of 2025) before the Principal Judge, Family Court, Sambhal at Chandausi. He subsequently filed a writ petition under Article 227 seeking a mandamus directing the Family Court to conclude the case within a stipulated period. The High Court, after admitting the petition, disposed of it without calling for a counter‑affidavit or hearing the respondents, noting that the petition served no useful purpose while the matter remained pending. The Court issued a direction to the Family Court to decide the matrimonial case within six months of the order, after hearing all parties, without deciding the merits of the underlying dispute. The writ petition was therefore disposed of, and the High Court clarified that it had not adjudicated the merits of the matrimonial case.
Issues considered
- Whether a writ petition under Article 227 can be entertained to compel a Family Court to expedite a pending matrimonial restitution of conjugal rights case.
- Whether the High Court may issue a mandamus directing the Family Court to decide the case within a specific time frame.
Subjects
- Article 227
- mandamus
- Family Court
- maternity dispute
- restitution of conjugal rights
- Muslim law
- expeditious disposal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13285 of 2026
Shah Alam
.....Petitioner(s)
Versus
Nighat Aara B.
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Naushad Siddiqui, Saiyad Iqbal
Ahmed
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). issue, order or direction in the nature of mandamus directing the
learned court/Principal Judge Family Court, Sambhal at Chandausi to
conclude and decide the Matrimonial Case/Hakook-E-Jaujiyat No. 434 of
2025 (Shah Alam Vs. Nighat Aara B) within stipulated period prescribed
by this 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
10.06.2015. Matrimonial dispute has arisen between the parties which led
them living separately. A matrimonial case for restitution of conjugal rights
under the Muslim Law has been filed by petitioner which has been registered
as Matrimonial Case/Hakook-E-Jaujiyat No. 434 of 2025 and the same is
pending consideration before Principal Judge, Family Court, Sambhal at
Chandausi. 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 Case/Hakook-E-Jaujiyat
No. 434 of 2025, 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.
A227 No. 13285 of 2026
2
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.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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