Created by Fuzzy Cloud

Allahabad High Court

PARVEJ ALAMversusSMT. MAHE AASMIN

Decided

Holding

The High Court directed the Principal Judge, Family Court, Ballia to decide the pending case expeditiously, preferably within eighteen months, without expressing any opinion on the merits.

Summary

Petitioner Parvej Alam filed a petition under Article 227 of the Constitution seeking a direction for the early disposal of his family law case (Case No. 290 of 2024) pending before the Principal Judge of the Family Court, Ballia. The petitioner argued that the case had been pending since 2024 despite several dates being fixed, causing undue delay. The High Court examined the order sheet and noted the continued pendency without any decision. While refraining from commenting on the merits of the underlying family dispute, the Court directed the Family Court to decide the matter expeditiously, preferably within eighteen months of the certified copy of the order, after hearing the parties and allowing evidence, provided no other legal impediment exists. Consequently, the petition was disposed with the direction for speedy disposal.

Issues considered

  • Whether the High Court can, under Article 227, direct the Family Court to dispose of a pending case within a specified time frame

Subjects

  • Article 227
  • judicial supervision
  • family court
  • expeditious disposal
  • pendency
  • court direction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 3460 of 2026

                                    Parvej Alam
                                                                                                             .....Petitioner(s)
                                                                             Versus
                                    Smt. Mahe Aasmin
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Jay Prakash Gupta, Sunil Kumar Singh
                                    Counsel for Respondent(s)                :

                                    Court No. - 5
                                                         HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the petitioner and perused the record.

                                    2. The present petition has been filed for the following relief:

                                    "To issue direction for early disposal of the Case No. 290 of 2024 (Parvej Alam vs.
                                    Smt. Mahe Aasmin), pending before the learned court of Principal Judge, Family
                                    Court, Ballia, within stipulated period."

                                    3. Contention of learned counsel for the petitioner is that the aforesaid case is pending
                                    since 2024 and he prayed that the same may be decided expeditiously.

                                    4. From perusal of the order sheet, annexed as Annexure No. 2 to the petition, it
                                    appears that several dates have been fixed by the Court concerned, however, till date,
                                    the aforesaid case has not been decided.

                                    5. No useful purpose would be served in keeping this petition pending.

                                    6. Considering the facts and circumstances of the case, without expressing any opinion
                                    on the merits of the case, the present petition stands disposed of finally with a
                                    direction to Principal Judge, Family Court, Ballia, to decide the Case No. 290 of 2024,
                                    in accordance with law, expeditiously, preferably, within a period of eighteen months
                                    from the date of production of a certified copy of this order, after hearing all the
                                    concerned parties and giving a reasonable opportunity of leading evidence in respect
                                    of their case provided there is no other legal impediment.


                                    March 19, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.