Allahabad High Court
SMT. ANURADHA AND ANOTHERversusAJAY KUMAR
- Decided
Holding
The petition is not maintainable because orders of the Family Court are appealable under Section 19 of the Family Courts Act, 1984, precluding jurisdiction under Article 227.
Summary
The petitioners filed a writ under Article 227 seeking a direction to the Family Court, Meerut, to decide an execution case within a stipulated period. The petition argued that the Family Court had not acted timely. The Court noted that orders of the Family Court are appealable under Section 19 of the Family Courts Act, 1984, providing a specific statutory remedy. Because a statutory appeal is available, the High Court held that it lacks jurisdiction to entertain the writ under Article 227. Consequently, the petition was dismissed as non‑maintainable, and the trial court documents were to be returned to the petitioner's counsel.
Issues considered
- Whether a writ petition under Article 227 is maintainable when an appeal under Section 19 of the Family Courts Act, 1984 is available.
- Whether the High Court can direct the Family Court to decide the execution case within the stipulated period.
Legislation cited
- Family Courts Act, 1984 — s. 19
Subjects
- Article 227
- Family Courts Act
- jurisdiction
- writ petition
- maintainability
- appealability
- execution case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 8476 of 2025
Smt. Anuradha And Another
.....Petitioner(s)
Versus
Ajay Kumar
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Pandey
Counsel for Respondent(s) :
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the petitioner and Sri Acharya Rajesh Tripathi,
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 direct to the learned Family Court,
Court No. 1, Meerut to decide the execution case no. 349 of 2022 in Original
Suit No. 489 of 2018 (Shaurya and another Vs. Ajay Kumar), the earliest
within the stipulated period fixed by this Hon'ble Court.
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 passing 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 petitioner after retaining photocopies of the same to
be kept on record.
May 5, 2026
Ujjawal
(Anil Kumar-X,J.)
Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad
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