Created by Fuzzy Cloud

Allahabad High Court

AVANISH KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that it may issue a direction to the Family Court to dispose of the pending case within six months under its supervisory jurisdiction.

Summary

The petitioner, Avanish Kumar, filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Fatehpur, to decide the pending Misc. Case No. 273 of 2025 (Avanish Kumar v. Amita Devi) expeditiously. The petitioner argued that the lower court had delayed the proceedings and requested a time‑bound order. The Court considered its supervisory jurisdiction under Article 227 and the need for speedy disposal of family matters. It held that it could issue a directive to the lower court to conclude the case within a specified period. Accordingly, the petition was disposed of with an order directing the Family Court to decide the case within six months from the production of the certified copy of the order.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a Family Court to decide a pending case within a stipulated time period

Subjects

  • Article 227
  • supervisory jurisdiction
  • time‑bound disposal
  • Family Court
  • writ petition
  • direction to lower court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 5464 of 2026

                                    Avanish Kumar
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Manvendra Singh
                                    Counsel for Respondent(s)                     :   G.A.

                                    Court No. - 73
                                                     HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner and learned A.G.A. for the
                                    State.

                                    2. The present writ petition is filed with the following prayer:-

                                    "i) direct the learned Additional Principal Judge, Family Court,
                                    Fatehpur to decide the Misc. Case No. 273 of 2025, Avanish Kumar Vs.
                                    Amita Devi, under sections 379 B.N.S.S. Police Station Malwan, District
                                    Fatehpur, pending before him, expeditiously within stipulated period as
                                    fixed by this Hon'ble Court."

                                    3. Learned counsel for the petitioner submits that petitioner is the
                                    husband. Learned counsel for the petitioner submits that the proceedings
                                    before the court concerned be directed to be concluded in a time bound
                                    manner.

                                    4. Considering the facts and circumstances of the case and the submission
                                    of learned counsel for the petitioner, the petition is disposed of with a
                                    direction to the Misc. Case No. 273 of 2025 (Avanish Kumar Vs. Amita
                                    Devi), under Section 379 B.N.S.S., Police Station Malwan, District
                                    Fatehpur, within a period of six months from the date of production of a
                                    certified copy of this order.



                                                                                       (Vikram D. Chauhan,J.)
                                    April 23, 2026
                                    VMA




Digitally signed by :-
VISHWA MOHAN ARORA
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.