Allahabad High Court
SMT. SEEMA ANJUMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the Family Court to decide the pending case within one year, thereby granting the petitioner's request for a time‑bound disposal.
Summary
The petitioner, Smt. Seema Anjum, filed a petition under Article 227 seeking a direction to the Additional Principal Judge of Family Court No.03, Muzaffarnagar to decide a pending family law case (Case No.1468/11 of 2024) within a stipulated time, alleging that delay would cause irreparable injury. The petitioner’s counsel argued that the petitioner is the wife in the underlying case and that a time‑bound disposal is essential. The High Court considered the facts and the petitioner's submission. It disposed of the petition, directing the Family Court to decide the case under Section 147 of the B.N.S.S., 2023 within one year from the date a certified copy of the order is produced. The order aims to prevent further delay and protect the petitioner’s interests.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a Family Court to decide a pending case within a specified time frame
- Whether the alleged delay in the family court proceedings amounts to irreparable injury to the petitioner
Legislation cited
- B.N.S.S., 2023 — s. 147
Subjects
- Article 227
- supervisory jurisdiction
- Family Court
- time bound disposal
- Section 147
- B.N.S.S., 2023
- irreparable injury
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13571 of 2026
Smt. Seema Anjum
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Arbaz Danish
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 petition is filed with the following prayer:-
"1. Allow the Misc. Petition direct the learned Additional Principal Judge, Family
Court No.03, Muzaffarnagar to decide the Case No.1468/11 of 2024 (Smt. Seema
versus Mohd. Nawab) under section 147 of B.N.S.S., 2023, Police Station-Khatauli,
District-Muzaffarnagar, pending before the Additional Principal Judge, Family Court
No.03, Muzaffarnagar within stipulated time as prescribed by this Hon'ble Court,
otherwise petitioner shall suffer irreparable injury."
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 wife.
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 Additional Principal Judge, Family Court No.03, Muzaffarnagar to
decide the Case No.1468/11 of 2024 (Smt. Seema Versus Mohd. Nawab)
under Section 147 of B.N.S.S., 2023, Police Station-Khatauli, District-
Muzaffarnagar within a period of one year from the date of production of a
certified copy of this order.
(Vikram D. Chauhan,J.)
September 29, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
Checking your session…