Vijay Kumar Chaudhary v. Meera Devi

Patna High Court CWJC No.18034 of 2013 (3) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18034 of 2013 ====================================================== Vijay Kumar Chaudhary .... .... Petitioner/s

Versus

Meera Devi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-09-2017 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the petitioner praying for issuance of appropriate writ/order or direction to the Additional Principal Judge, Family Court, Patna for deciding the Matrimonial Case No.3 of 2010 expeditiously.

The Hon'ble Supreme Court in (2010) 8 Supreme Court Cases 329 has held that the High Court cannot issue writ under Article 227 of the Constitution of India. The High Court can issue writ only under Article 226 of the Constitution of India. The Hon'ble Supreme Court in (2015) 5 Supreme Court Cases 423 has held that the Civil Courts are not amenable to writ jurisdiction under Article 227 of the Constitution. Thus, no relief as prayed for by the petitioner can be

Patna High Court CWJC No.18034 of 2013 (3) dt.15-09-2017 granted in judicial side.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T