Allahabad High Court
DIVAKAR YADAVversusGEETA DEVI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is disposed of, but the High Court directs the Family Court to expedite the pending proceeding without unnecessary adjournments.
Summary
Divakar Yadav filed a writ petition under Article 227 seeking a direction to the Additional Principal Judge of the Family Court, Jaunpur, to expedite the hearing of Misc. Case No. 213 of 2024 (Divakar v. Geeta) and to recall an order dated 25‑09‑2024 in Case No. 854 of 2022. The petition claimed only this direction and no notice was issued to the respondent. The High Court observed that since the underlying family court case was still pending, the writ petition served no useful purpose if kept alive. Consequently, the Court disposed of the petition, but issued a directive to the Family Court to decide the pending matter expeditiously and without unnecessary adjournments, provided no legal impediment exists.
Issues considered
- Whether a High Court under Article 227 can issue a writ directing a Family Court to expedite a pending proceeding.
- Whether the writ petition is maintainable when the relief sought pertains solely to the conduct of a pending case.
Legislation cited
Subjects
- Article 227
- Writ Petition
- Family Court
- Expedition of Hearing
- Order Recall
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6248 of 2026
Divakar Yadav
.....Petitioner(s)
Versus
Geeta Devi
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order which is being proposed to be passed, notices are not
being issued to the respondent.
3. The sole relief claimed in the present petition is for a direction to the
learned Additional Principal Judge Family Court Jaunpur to expedite the
hearing and to decide the proceeding Misc. Case No. 213 of 2024 (Divakar
Vs Geeta) filed by the petitioner under order 9 rule 9 C.P.C which is pending
in his court seeking the recall of order dated 25.09.2024 of the Case no. 854
of 2022 (Divakar Vs Geeta).
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction
to the learned Additional Principal Judge Family Court Jaunpur to expedite
the hearing and to decide the proceeding Misc. Case No. 213 of 2024
(Divakar Vs Geeta) filed by the petitioner under order 9 rule 9 C.P.C which
is pending in his court seeking the recall of order dated 25.09.2024 of the
Case no. 854 of 2022 (Divakar Vs Geeta), in accordance with law,
expeditiously without granting unnecessary adjournment provided there is
no other legal impediment.
May 5, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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