Allahabad High Court
CHARU SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
A writ petition under Article 227 is not maintainable where the order is appealable under Section 19 of the Family Courts Act, 1984.
Summary
The petitioner, Charu Sharma, filed a writ petition under Article 227 of the Constitution seeking to quash an order dated 30 September 2024 passed by the Additional Principal Judge of Family Court No.1, Meerut in a family law case. The petition alleged that the family court order should be set aside. The High Court examined whether a writ petition under Article 227 is an appropriate remedy when the order is appealable under the Family Courts Act, 1984. The Court held that Section 19 of the Family Courts Act provides a specific statutory appeal route, and therefore the writ petition bypasses the statutory remedy. Consequently, the Court found the petition non‑maintainable and dismissed it, directing the return of trial court documents to the appellant’s counsel.
Issues considered
- Whether a writ petition under Article 227 is maintainable when the impugned order is appealable under Section 19 of the Family Courts Act, 1984.
Legislation cited
- Family Courts Act, 1984 — s. 19
Subjects
- Article 227
- Family Courts Act
- maintainability
- writ petition
- statutory remedy
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 1898 of 2025
Charu Sharma
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Tejasvi Misra
Counsel for Respondent(s) : G.A.
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the petitioner and Sri Amrit Raj Chaurasiya,
learned AGA for State.
2. This writ petition has been filed by the petitioner under Article 227 of
the Constitution of India with a prayer to issue a writ, order or direction in
the appropriate nature of quashing the order dated 30.9.2024 passed by
Additional Principal Judge, Family Court No.1, Meerut in Case No.129 of
2021 (Smt. Charu Sharma Vs. Anupam Sharma).
3. Generally, the orders passed by the Family Court are appealable under
Section 19 of the Family Courts Act, 1984; hence, such orders cannot be
challenged under Article 227 of the Constitution of India by bypassing the
statutory remedy available under the Family Courts Act.
4. Accordingly, the present petition is not maintainable before this Court
and is, therefore, dismissed.
5. Relevant documents of the trial court, if any, shall be returned to the
learned counsel for the appellant after retaining photocopies of the same to
be kept on record.
April 22, 2026
Mukesh
(Anil Kumar-X,J.)
Digitally signed by :-
MUKESH SRIVASTAVA
High Court of Judicature at Allahabad
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