Archana Kumari v. Shailesh Sharma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17233 of 2015 ====================================================== Archana Kumari .... .... Petitioner/s

Versus

Shailesh Sharma .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 02-12-2015 1.

Heard the learned counsel, Mr. Anshul for the petitioner.

2.

This application has been filed under Article 226 and 227 of the Constitution of India.

3.

It appears that the petitioner has filed an application under Section 24 of the Hindu Marriage Act in the Matrimonial case filEd by the husband being Matrimonial Case No.302 of 2009.

4.

The petitioner by this application is praying for direction to the Court below to dispose of the said application filed under Section 24 of the Hindu Marriage Act.

5.

It may be mentioned here that so far Article 226 of the Constitution of India is concerned according to the decision of the Hon'ble Supreme Court in the case of Radhey Shyam Vs. Chabi

Patna High Court CWJC No.17233 of 2015 (2) dt.02-12-2015 2/2 Nath 2015 (5) SCC 423, the Civil Court are not amenable to the writ jurisdiction of the High Court. So far Article 227 of the Constitution of India is concerned, the High Court will exercise the jurisdiction against any order that may be passed by the Civil Court but no such blanket order can be passed in exercise of supervisory jurisdiction. The petitioner is directed to move before the Court below for expeditious disposal of her application. 6.

Accordingly, this writ application has got no merit and thus it is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U