Arpita Mishra @ Arpita Tripathi Vs Naveen… — Child Custody and Guardianship | Allahabad HC (2025)

Arpita Mishra @ Arpita Tripathi Vs Naveen… — Child Custody and Guardianship | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the learned Additional Principal Judge-VI, Family Court, Lucknow to decide Case No.263 of 2020 expeditiously in accordance with law, without granting any unnecessary adjournments to any of the parties and by fixing dates at short intervals.

Issue for consideration

Whether a direction should be issued to the Additional Principal Judge-VI, Family Court, Lucknow for expeditious disposal of Case No.263 of 2020 (Smt. Arpita Mishra @ Arpita Tripathi Vs. Naveen Chandra Tripathi and another), filed under Section 7, 12, 25 of Guardians and Wards Act.

Court's answer

Child custody matters are required to be dealt with expeditiously, as the question of welfare of the child is of paramount consideration and there should not be any undue delay in disposal of such matters.

Ratio / Principle

A direction is issued to the learned Additional Principal Judge-VI, Family Court, Lucknow to decide Case No.263 of 2020: Smt. Arpita Mishra @ Arpita Tripathi Vs. Naveen Chandra Tripathi and another, filed under Section 7, 12, 25 of Guardians and Wards Act, expeditiously in accordance with law without granting any unnecessary adjournments to any of the parties and by fixing dates at short intervals.

Detailed headnote1 paragraphs

Matters under Article 227 (No. 6026 of 2025), High Court of Judicature at Allahabad, Lucknow (Subhash Vidyarthi, J.; decided October 15, 2025): The petitioner, arguing in person (her four named counsel having been engaged but absent), sought a direction to the Additional Principal Judge-VI, Family Court, Lucknow for expeditious disposal of Case No.263 of 2020 (Smt. Arpita Mishra @ Arpita Tripathi Vs. Naveen Chandra Tripathi and another), filed under Section 7, 12, 25 of the Guardians and Wards Act. Holding that child custody matters must be dealt with expeditiously since the welfare of the child is of paramount consideration and there should be no undue delay, the Court allowed the petition and directed the Family Court to decide the case expeditiously in accordance with law, without unnecessary adjournments to any party and by fixing dates at short intervals. Notice to the respondent was dispensed with. No precedent was cited and no monetary quantum arises.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 6026 of 2025

Arpita Mishra @ Arpita Tripathi

.....Petitioner(s)

Versus Naveen Chandra Tripathi .....Respondent(s) Counsel for Petitioner(s) : Gaurav Shukla, Neelanjali Gupta, Satyendra Kumar Mishra, Utkarsh Gupta Counsel for Respondent(s) :

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

Heard Ms. Arpita Mishra-the petitioner in person in view of request made by her that although she has engaged four learned counsel to represent her and their names have been shown in the cause list none of them have appeared to assist the court. Keeping in view the fact that none of the learned counsel are present in the court to advance submissions the court grants permission to petitioner in person to advance submissions.

Keeping in view the nature of relief sought and the order proposed to be passed, issuance of notice to the opposite party is dispensed with.

By means of the instant application filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Additional Principal Judge-VI, Family Court, Lucknow for expeditious disposal of Case No.263 of 2020: Smt. Arpita Mishra @ Arpita Tripathi Vs. Naveen Chandra Tripathi and another, filed under Section 7, 12, 25 of Guardians and Wards Act.

A copy of order sheet of trial court annexed with the petition indicates that issues have been framed by the trial court on 07.02.2023 and now the matter is being fixed for hearing.

Child custody matters are required to be dealt with expeditiously

A227 No. 6026 of 2025

2

as the question of welfare of child is of paramount consideration and there should not be any undue delay in disposal of such matters.

. 6. As the matter is ripe for hearing, the present petition is allowed A direction is issued to the learned Additional Principal Judge-VI, Family Court, Lucknow to decide Case No.263 of 2020: Smt. Arpita Mishra @ Arpita Tripathi Vs. Naveen Chandra Tripathi and another, filed under Section 7, 12, 25 of Guardians and Wards Act expeditiously in accordance with law without granting any unnecessary adjournments to any of the parties and by fixing dates at short intervals.

(Subhash Vidyarthi,J.)

October 15, 2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench