Petitions For Expeditious Disposal Of Cases Can't Be Allowed Routinely, Must Show Extraordinary Circumstances: Allahabad High Court

While deciding a petition under Article 227 of the Constitution for expeditious disposal of case before the Family Court, the Allahabad high Court observed that directions to the Trial Courts cannot be passed routinely to decide cases expeditiously as they are burdened with heavy dockets themselves.

The Court held that such petitions for expeditious disposal must only be allowed if extra ordinary circumstances are shown to exist for granting relief of expeditious disposal.

“This Court is conscious of the fact that the trial courts are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India,” observed Justice Alok Mathur.

Petitioner approached the High Court for expeditious disposal of Original Suit filed under Section 13(1) (ia) of Hindu Marriage Act, 1955 which is pending before Additional Principal Judge, Court No. 2, Family Court, Lucknow.

The Court observed that there was no extraordinary circumstance mentioned in the petition filed to warrant exercise of the extraordinary jurisdiction of the High Court under Article 227 of the Constitution of India.

The Court held that the petitioner must approach the trial court to place his grievance regarding disposal of the case.

“There also liberty should be given to the petitioner to place his grievances before the trial court who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the suit proceedings.”

Since no circumstances were shown by the petitioner, the Court observed that the petitioner must move an application before the Trial Court for speedy disposal of her case. The said application, if any filed, was directed to be disposed of expeditiously.

Case Title: Smt. Prity Pandey v. Addl. Principal Judge,Court No. 2, Family Court, Lko. And Another [MATTERS UNDER ARTICLE 227 No. - 2373 of 2024]

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