Allahabad High Court
DILIP UPADHYAY @ DILIP KUAMR UPADHYAYversusSMT CHETALI SHARMA @ CHEWALI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court exercised its supervisory jurisdiction and directed the Family Court to decide the pending divorce case within six months, thereby disposing of the writ petition.
Summary
The petitioner, Dilip Upadhyay, filed a writ petition under Article 227 seeking a direction to the Family Court, Agra, to decide a pending mutual divorce case (No. 1011/2025) filed under Section 13B of the Hindu Marriage Act. The parties were married under Hindu rites on 7 December 1996 and were living separately, prompting the divorce petition on 22 April 2025. The High Court found no merit in keeping the matter pending and ordered the Family Court to decide the case within six months of receiving a certified copy of the order. The writ petition was consequently disposed of with the directive to the Family Court. The order was pronounced by Justice Rohit Ranjan Agarwal on 30 September 2026.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct the Family Court to decide a pending divorce proceeding within a specified time.
Legislation cited
- Constitution of India — s. Article 227
- Hindu Marriage Act, 1955 — s. 13B
Subjects
- Family Law
- Divorce
- Supervisory Jurisdiction
- Article 227
- Hindu Marriage Act
- Writ Petition
- High Court
- Family Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13757 of 2026
Dilip Upadhyay @ Dilip Kuamr Upadhyay
.....Petitioner(s)
Versus
Smt Chetali Sharma @ Chewali
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar
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 a suitable writ, order or direction, directing the learned Family
Court to decide the pending case no. 1011/2025 (Dilip Vs. Chetali)
pending before the learned Family Court Agra."
2. It is contended that the petitioner was married to the opposite party
according to the Hindu rites and customs on 07.12.1996. Matrimonial
dispute has arisen between the parties, which had led to the parties living
separately. A petition for mutual divorce under Section 13B of the Hindu
Marriage Act was filed on 22.04.2025. The prayer made is for expediting
the said proceedings.
3. As no useful purpose would be served in keeping the matter pending or
calling for the calling counter affidavit, the writ petition is disposed of
requiring the Principal Judge, Family Court, Agra to proceed with the
Case No. 1011 of 2025 and decide the same within a period of six months
from the date of production of certified copy of this order, after hearing
all affected parties.
4. With the aforesaid direction, the writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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