Allahabad High Court
NIRAJ NIGAMversusSMT ANITA GUPTA AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage and directed the Family Court to decide the pending case within six months, without adjudicating the merits.
Summary
Petitioner Niraj Nigam filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Jaunpur, to decide pending Case No.144 of 2025, which involves Section 7(g) of the Family Courts Act, 1984 and Sections 7Ka and 25 of the Guardians and Wards Act, 1890. The petition sought only an expeditious disposal of the matter. The High Court, without calling for a counter‑affidavit or issuing notice to the respondents, disposed of the petition at the admission stage and directed the Family Court to decide the case within six months of the order. The Court clarified that it had not adjudicated the merits of the underlying family dispute. The writ petition was therefore disposed of, with a procedural direction to the lower court.
Issues considered
- Whether a writ petition under Article 227 can be entertained solely to direct expeditious disposal of a pending family court case.
- Whether the High Court can issue a direction to the Family Court without hearing the respondents.
Legislation cited
- Family Courts Act, 1984 — s. 7(g)
- Guardians and Wards Act, 1890 — s. 25, 7Ka
Subjects
- Article 227
- Writ petition
- Family Courts Act
- Guardians and Wards Act
- Expeditious disposal
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13402 of 2026
Niraj Nigam
.....Petitioner(s)
Versus
Smt Anita Gupta And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Srivastava, Poonam
Srivastava
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 an appropriate order or direction commanding the learned
Principal Judge, Family Court, Jaunpur to decide Case No.144 of 2025
(Niraj and another Vs. Anita Gupta and others) under Section 7(g) of the
Family Courts Act, 1984 and Sections 7ka and 25 of the Guardians and
Wards Act, 1890, pending before the court of Principal Judge, First
Family Court, Jaunpur, within a stipulated period."
2. It is contended that a case under Section 7(g) of the Family Courts Act,
1984 and Sections 7Ka and 25 of Guardians and Wards Act, 1890 being
registered as Case No.144 of 2025 is pending consideration before the
Principal Judge, Family Court, Jaunpur. 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 respondents, with a direction upon
Court concerned to decide the Case No.144 of 2025, under Section 7(g) of
the Family Courts Act, 1984 and Sections 7Ka and 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.
A227 No. 13402 of 2026
2
4. It is made clear that this Court has not adjudicated the case on merit.
September 24, 2026
SK Goswami
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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