Notable Judgements
During her tenure as a justice on the Allahabad High Court,Agarwal presided over both Single and Division Benches,handling matters regarding constitutional law,civil and criminal appeals,and service disputes. [2]
Notable rulings included:
Maintenance rights(2017)
In a 2017 judgment concerning Section 125 of the CrPC,Agarwal set aside a Family Court order that had dismissed a wife's maintenance application. The High Court asserted that a husband's obligation to provide maintenance is "fundamental and constitutional," ruling that a wife living separately due to cruelty or neglect is entitled to maintenance adequate to live with dignity. [7]
Anticipatory bail (2020)
In March 2020,Agarwal was part of a five-judge bench which ruled that applicants seeking anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) are not required to approach the sessions court before applying to the High Court. [8] The bench held that while "special circumstances" must be established,the CrPC does not mandate a hierarchy for such applications. [8]
Territorial jurisdiction (2020)
In May 2020,Agarwal served on a three-judge bench that clarified the maintainability of writ petitions against authorities located outside Uttar Pradesh. The court ruled that jurisdiction is determined by where the cause of action arises,"wholly or in part," rather than the petitioner's place of residence. [9]
COVID-19 relief (2020)
In June 2020,a two-judge bench,including Agarwal,ordered the release of individuals arrested for violating social distancing protocols while distributing food to COVID-affected individuals. The court observed that public awareness was preferable to incarceration,particularly given prison overcrowding during the pandemic. [10] [11]
Administrative and other roles
Agarwal held several administrative positions within the Allahabad High Court. Since 2016,she has served on committees overseeing infrastructure,jail reforms,and the expeditious disposal of criminal cases. [2]
In 2018,Agarwal and Judge Naheed Ara Moonis were appointed to a panel to hear complaints concerning sexual harassment at the Allahabad High Court. The panel was appointed in compliance with the provisions of the Sexual Harassment of Women at Workplace (Prevention,Prohibition and Redressal) Act,2013. [12] [13]
