Allahabad High Court
RAZA ZAKIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court did not decide the merits but directed the Family Court to dispose of the pending marriage petition within six months.
Summary
The petitioner, Raza Zaki, filed a writ petition under Article 227 seeking a mandamus directing the Principal Judge of the Family Court, Allahabad, to decide Marriage Petition No. 694 of 2025 concerning restitution of conjugal rights. The petitioner alleged that he was married to Alisha Haider under Muslim rites in 2020 and that a matrimonial dispute led to separate living, prompting the filing of the restitution petition. The High Court, noting that the writ petition served only to expedite the pending family matter, disposed of it at the admission stage without calling for a counter‑affidavit or hearing the private respondents. The Court issued a direction to the Family Court to decide the marriage petition within six months of receiving a certified copy of the order, after hearing all affected parties. It expressly clarified that it had not adjudicated the substantive merits of the matrimonial dispute. The writ petition was therefore disposed of with a procedural direction.
Issues considered
- Whether a High Court can issue a mandamus under Article 227 directing a Family Court to decide a pending marriage petition within a stipulated time
- Whether the writ petition is maintainable at the admission stage without hearing the respondents
Subjects
- Article 227
- mandamus
- Family Court
- restitution of conjugal rights
- expeditious disposal
- Muslim marriage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13879 of 2026
Raza Zaki
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Anshu Pradhan, Jitendra Prasad Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"I. Issue a writ, Order or direction in the nature of mandamus directing
the Principal Judge Family Court, Allahabad to decide the marriage
petition no. 694 of 2025 (Raza Zaki vs Alisha Haider) for 'Rukshati' of
O.P. no.2, pending in the court of Principal judge (Family Court),
Allahabad, within stipulated time as fixed by this Hon'ble court."
2. It is contended by learned counsel for the petitioner that petitioner was
married to respondent no. 2 according to Muslim rites and customs in the
year 2020. A matrimonial dispute has arisen which led them living
separately. A petition for restitution of conjugal rights has been filed which
has been registered as Marriage Petition No. 694 of 2025 and the same is
pending consideration before Principal Judge, Family Court, Allahabad. The
sole prayer made in the writ petition is for expeditious disposal of the same.
3. 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 private respondents, with a direction
upon court concerned to decide the Marriage Petition No. 694 of 2025, 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.
4. With the aforesaid directions, writ petition stands disposed of.
A227 No. 13879 of 2026
2
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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