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Allahabad High Court

DILIP UPADHYAY @ DILIP KUAMR UPADHYAYversusSMT CHETALI SHARMA @ CHEWALI

Decided

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

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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