Allahabad High Court Laments Poor Assistance by Advocates Amid Overburdened Courts, Orders Expedited Family Case Disposal
The Allahabad High Court expressed deep concern over the poor assistance provided by several advocates, describing it as a “very sad state of affairs” that hampers the court’s ability to deliver justice efficiently.
The observation came during the hearing of a petition filed by Saba alias Saba Siddiqui, who sought directions to the Principal Judge, Family Court, Bahraich, for the expeditious disposal of her maintenance case against her husband.
Saba had initially filed her petition on June 7, 2023. The Family Court granted her interim maintenance on March 12, 2025, and scheduled the matter for evidence on May 23. Subsequently, her lawyers approached the High Court requesting that her petition be expedited due to prolonged delays.
When the matter was taken up on September 16, the High Court noted several procedural deficiencies. Key orders, including the May 23 order, were missing from the case file, and the trial court’s records were submitted haphazardly, forcing the bench to spend excessive time reviewing the documents.
The court had previously allowed the petitioner’s counsel to correct the record and assist the court properly. However, on the following hearing date, the advocate resumed submissions afresh without addressing the earlier directive or rectifying the documentation issues, prompting sharp criticism.
Justice Subhash Vidyarthi remarked,
“It is indeed a very sad state of affairs where courts are overburdened with work and several learned counsel do not assist the court fairly and to the best of their ability.”
The High Court highlighted the intense workload it faced on that day: 91 fresh matters, 182 listed matters, and six miscellaneous applications, within a scheduled 300-minute sitting, which also included bail applications, anticipatory bail applications, criminal cases related to the Enforcement Directorate and CBI, as well as matters involving MPs, MLAs, and MLCs.
Citing a Supreme Court directive to decide bail matters within two months, the HC emphasized that the poor quality of assistance by advocates hinders speedy justice.
It expressed regret that repeated reminders and directives through reported judgments have not been heeded by the Bar.
The court observed that, despite the high caseload, it was duty-bound to ensure justice, particularly for matters under Section 125 CrPC, which mandate expeditious disposal.
The Family Court records revealed that the opposite party repeatedly failed to appear, prompting an ex parte order to proceed with the case.
Ultimately, the High Court disposed of the petition by directing the Principal Judge, Family Court, Bahraich, to proceed with the matter expeditiously, ensuring no unnecessary adjournments and fixing dates at short intervals, in accordance with the law.
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