Allahabad High Court

DHRUV RAJANversusLAXMI SHARMA

Decided: 23 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Family Court to decide the pending suit within six months and disposed of the writ petition without adjudicating its merits.

Summary

The petitioner, Dhruv Rajan, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Mainpuri, to decide a pending suit (Case No. 127 of 2025) filed under Sections 17 and 25 of the Guardians and Wards Act, 1890 on an expedited basis. The petition contained only the prayer for expeditious disposal and no substantive dispute on the merits of the underlying suit. The High Court, after admitting the petition, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the respondent. It issued a direction that the Family Court decide the pending case within six months of the certified copy of the order, emphasizing that the High Court had not adjudicated the merits. Consequently, the writ petition was dismissed and the matter was left to the Family Court for a substantive decision.

Issues considered

Whether the High Court can, under Article 227, direct a Family Court to expedite the disposal of a pending suit under the Guardians and Wards Act, 1890.
Whether the writ petition can be disposed of at the admission stage without hearing the respondent.

Legislation cited

Guardians and Wards Act, 1890 — s. 17, 25

Subjects

Article 227
writ petition
Guardians and Wards Act
Section 17
Section 25
expeditious disposal
Family Court
procedural direction

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     MATTERS UNDER ARTICLE 227 No. - 13400 of 2026

                                    Dhruv Rajan
                                                                                                                      .....Petitioner(s)
                                                                                   Versus
                                    Laxmi Sharma
                                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                                        :     Rajneesh Tripathi
                                    Counsel for Respondent(s)                                        :

                                    Court No. - 9
                                                         HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed with the following prayer:-

                                          "1. Pass appropriate order and direct the learned Principal Judge, Family Court,

                                          Mainpuri to decide Suit filed by the petitioner bearing Case No. 127 of 2025 (Druv Rajan

                                          Vs. Laxmi Sharma) Under section 17 & 25 of Guardian and Wards Act, 1890 expeditiously

                                          in time period fixed by Hon'ble Court by hearing of day today basis."


                                    2. It is contended that a case under Section 17 read with Section 25 of Guardians and
                                    Wards Act, 1890 registered as Case No.127 of 2025 is pending consideration before
                                    the Principal Judge, Family Court, Mainpuri. The sole prayer made in the writ petition
                                    is for expediting the said case.

                                    2. 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 sole respondent, with a direction upon Court concerned to
                                    decide the Case No.127 of 2025, under Section 17 read with Section 25 of Guardians
                                    and Wards Act, 1890, 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.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the case on merit.




                                                                                                     (Rohit Ranjan Agarwal,J.)
                                    September 24, 2026
                                    SK Goswami



Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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